Highview Condominium II
Board of Directors - Meeting Minutes
March 9, 2005, 7:30 p.m.

The sixth regular meeting of the 2004-2005 Highview II Board of Directors was called to order at approximately 7:45 p.m. by VP Marjorie Cannon. Board members in attendance: Victor Bellini, Miriam Biren, Sanchie Bobrow, Robert Boynton, Marjorie Cannon, and Richard Re. Board members absent: Stephanie Greenberg, Tamara Keshecki, and Frank Mattera. Jennifer Ogman attended from J.A.L. Diversified Management.

1) Approval of prior meeting Minutes: Minutes of the February Board meeting were approved.

2) Insurance review update: Rich Re reported on the competitive bids received from several insurance agents for the Highview policy renewal.

a) A comparative analysis is being conducted by Rich Re, Judy Minale, and Matina Monioudis. The Board has been updated on several occasions by email. Highview has four insurance policies liability, workmen’s comp, umbrella policy, and boiler maintenance (not including replacement).

b) A final decision will be necessary next week, as several of the policies are due to expire this month. A deadline of 03/16/05 was set. The Board vote will be by email.

3) Roof replacement update: Boynton reported on Becht Engineering’s progress.

a) Incinerator bulkhead question: Although the incinerator bulkhead was found to be structurally sound, Becht recommended removing the chimney on top (per phase-1 report). Completely removing the bulkhead would reduce possible future problems, but since the T-Mobile equipment is attached to it and relies on the bulkhead for support, Becht suggests it is best left in place. However, Becht does recommend removing the rubberized paint on the building’s surface and thoroughly pointing the bulkhead’s brick walls. Becht will include this work in the Phase-2 bidding. The bulkhead’s roof will be replaced along with all other roofing.

b) Phase-2 estimated time schedule:

i) 2 weeks to complete work for bidding spec-sheets.

ii) 1 month for bids. (Since the next segment will take two months, Becht suggests that Highview wait until after these bids are received and one is tentatively selected before seeking any loan.)

iii) On or about April 1st, Becht will have the returned contractor bids and review with the Board. Once the Board selects a bid, two months should be allowed for additional review of the contract discussion with the selected contractor, review by the building’s attorney, and signature of parties. During this two months period, the Board should seek and complete any necessary loan. It is critical that the Board stay on schedule to avoid additional costs.

iv) Phase-2 should be completed and work scheduled to commence in June 2005.

c) Potential for additional constructions costs: Becht notes that all contractor bids will include a cost per foot for any hidden structural repairs that may be required. The full extent of any necessary structural repairs can only be determined once the roof is off. The base/planking is 2 x 10's and some of the planking may be rotted. If planking is rotted, the supporting joists underneath will be inspected. Repairing or replacing joists could add significant cost to the project, but would only be necessary if the neglect has been severe over a long term. To be cautious, Becht suggests that a 25% reserve above the contract price for roof replacement be set aside for the possibility of structural work Only in an extreme case of long-term neglect would damage be found that exceeds that 25% reserve estimate.

d) Funding of roof replacement (Bylaws issues): Clarifying Highview II Bylaws with respect to the Board’s funding authority, Michael Swaaley was consulted on February 15th.

i) Replacement of the roof is a capital. Capital repairs and replacements are not considered "additions, alterations or improvements" discussed in Bylaws Article-V (Operation of the Property) Section-14. Therefore approval of the project is a regular decision of the Board and not subject to a vote by unit owners.

ii) If the Board chooses to fund the project from Reserve Funds, Special Assessment, or Common Charge increase, the decision is limited to a regular vote by the Board and not subject to a vote by unit owners.

iii) If the Board chooses to fund a portion or the entire project by taking out a building loan, Bylaws Article II (Board of Managers), Section 2 (n) applies and any loan in excess of $15,000 for any purpose requires the approval of majority of unit owners. The term majority as it relates to this requirement is simple majority (50%+), not the super-majority of (66 2/3%) required elsewhere in the Bylaws.

iv) A majority vote in approval by unit owners is only for loan approval, not a vote about the repair contract itself. If a loan authorization is not approved by the majority of unit owners, then a special assessment would be the typical option of a Board. Swaaley indicated that the wording of the ballot mailed to unit owners in such situation typically presents two options: a) approving of the building loan or b) disapproving the loan, with knowledge that the Board’s options are then limited to a special-assessment, reserve accounts, and/or common charge increase.

v) There was discussion of the timing of a loan relative to bid completion, contractor selection, the timing of contractor payments as the project progresses. Ogman indicated that it would probably take about two months from application to final approval of a building loan. The project itself would probably take a month or less to complete, and would offer little opportunity to spread out partial payments as work progresses.

vi) On a related point, the Board discussed whether the currently anticipated loan might cover the other urgent building repairs that were not funded by the FY2005 budget, thereby averting the possibly of a FY2005 Special Assessment, or whether those repairs might still be adequately covered by the regular FY2005 operating budget. There was a discussion of critical repair projects and their individual priority.

e) Loan information should be distributed in approximately a week according to Jennifer Ogman.

4) Legal Report:

a) As previously noted, Abasi will be making repairs in the spring for last year’s Local Law 11 inspection notation of weep holes plugged with mortar (mortar work previously performed by Abasi).

b) Awning replacement: A check was received from Access-a-Ride for the full replacement cost of the awning and frame.

c) As discussed at the February board meeting, there was a question concerning common area versus unit owner boundary involving window leak. Ogman was to discuss with Swaaley for legal opinion. Ogman had no report.

d) Common charge arrears were reviewed. Legal cases have resulted in the freezing of a bank account and a legally binding agreement.

h) Recycling area’s fire code compliance: At the January and February Board meetings, there was discussion of the recycling area and need to completely eliminate combustibles from the area since the area is not fire resistant and is not protected by the building’s limited sprinkler system. The urgency of moving ahead with the addition of 2-3 chutes into the compactor room was mentioned, as well as keeping combustible recycling from accumulating on weekends. There was no progress reported at this meeting.

5) Repairs and maintenance:

a) As noted at both the January and February Board meetings, painting of all unit doors has not been completed. JAL will send a letter to unit owners requesting that they make arrangements for the super to paint – since the door edges require the doors to be opened. Ogman suggested that perhaps it is time to repaint all the doors that were repainted last year.

b) As discussed at the February Board meeting, the elevator floor was waxed in early for the first time since late fall. At the February meeting, Ogman reported to the Board that the task will be performed twice a month from now on. At the March meeting, it was noted that the elevator floor has not been waxed since. Ogman will remind the super of their agreement.

c) The motion detector and timer for the garage exhaust fan has been cancelled . Jennifer Ogman reported that vibration sets off the fan’s new motion detector. The original plan of a timer that operates the fan for a number of minutes after the door is opened will be resurrected with Chrstie Garage Door Company. Ogman will update at the April meeting.

d) Estimates were distributed for fire escape painting to be incorporated in financial plans.

e) The Board approved replacement of front door’s hinges.

f) Of three estimates, the Board approved Abasi estimate for welding repair of the elevator bulkhead stairway railing.

g) Of three estimates, the Board approved Abasi estimate for replacement of the metal floor trap-cover in the recycling area.

h) Of three estimates, the Board approved Abasi estimate for sidewalk repairs.

i) Estimates will begin for replacement of the front awning, frame, and lighting. The awning committee will be Boynton, Cannon, and Biren. The full-Board will share in any final decision.

j) Victor Bellini will be getting landscaping replacement estimates. It was noted that early spring is the best time for replacing bushes.

k) There was discussion of exhaust fans on the roof that need repair.

l) There was discussion of carpeting problems on two floors and getting estimates for carpeting. Ogman will have all carpeting cleaned next month.

m) There was a discussion of fuel oil prices and consideration of when to next fill the building’s tank.

Meeting was adjourned at approximately 10:00 p.m.

Robert Boynton, Secretary