Highview Condominium II
Board of Directors - Meeting Minutes
May 14, 2002, 7:30 p.m.
The May 14, 2002 meeting of the Board of Directors started promptly at 7:30 p.m. A quorum of five members was not reached until after 8:00 p.m., but no binding votes were taken until that time.
In attendance were Board members Vincent Alfano, Victor Bellini, Robert Boynton, Stephanie Greenberg, and Miriam Montalvo. Also in attendance was J.A.L. Diversified Management representatives Jennifer Ogman. Absent from the meeting were Board members Carl DiLorenzo, Bill Geary, Bob Malta, and Frank Mattera.
Minutes: The Minutes from the March 12, 2002 Board meeting were approved without changes.
A special thanks was offered for Marian Abruzzo and fellow residents who made the "Coffee" Hour" on April 9th a successful event through their cooking and shopping efforts. The event was well attended. Jennifer Ogman attended from J.A.L. and several Board members were also present.
I. Finances
1) As of May 14, 2002, the Highview II operating account balance is $11,236.39. As of February 26, 2002, the reserve funds totaled $107,969.15. Jennifer Ogman reported that Maxwell-Kates continues to receive an occasional check for Highview, but does not promptly forward to J.A.L. for deposit. However, there is no problem with Maxwell-Kates cashing Highview checks or anything that might be considered a misappropriation of funds.2) J.A.L. reported that they attempted to change the statement mailing address of the Chase reserve funds (from Maxwell-Kates to J.A.L.), but were unable to do so without providing Chase with a written authorization from the Board officers. An authoirzed Board officer will speak directly with Chase next week and resolve.
3) The accounting firm of DeSantis & Shall is performing the fiscal year 2001 audit., however their completion date has not been confirmed. As noted at the last meeting, the audit's completion is delayed by Maxwell-Kates not responding during the fall to DeSantis & Shall's engagement confirmations. Pending completion of the audit, J.A.L. has received no response about the amended filings for previous years suggested by John Shall at the last annual meeting.
II. Legal
1) There was an update on the two cases of delinquent common charges (past 90 days) previously reported with the building's attorney. One delinquent owner is now up-to-date, however, the other owner is not. Legal action with Michael Swaaley continues with the one. A new similar case has recently been referred to Swaaley.2) Michael Swaaley has received no response from Jeromi Antenna, but the building is legally on top of the situation according to J.A.L. and would prevail in any related court case. As previously reported, Michael Swaaley has advised J.A.L. not to pay the installers for their incomplete work (including wires laying on roof not up to building code) and all correspondence from Swaaley to Jeromi has been by certified mail.
3) Coinmach, supplier of the building's washing machines and dryers, remains in breech of their contract with Highview. J.A.L. is acting with the building's attorney to evict Coinmach and seek a better contract for the building (new machines, utility costs included, no right to first refusal upon contract renewal, appropriate signing bonus and monthly rent.) Jennifer Ogman assured the board that there would be no disruption in service between old and new vendors. The Board approved J.A.L.'s actions and intentions with no dissenting votes.
4) Following up on Jerry Lemmerman's comments at the March Board meeting that he believed that the building's bylaws provided legal standing for the building to make repairs to a damaged unit and bill to the offender, Jennifer Ogman reported that Michael Swaaley reviewed the Bylaws and agreed that the building has such standing.
5) Unit owners in breech of Bylaws concerning leasing of units. Nine units are currently in breech of bylaws by not providing a copy of their tenants' leases. Nine additional units are in violation with only expired leases on file. The remaining three apartments currently in rental have leases expiring on May 31st, June 15th, and December 31st. Violations are subject to a $500 fine (per month of violation). It was noted that this situation is a serious liability for the building according to Michael Swaaley. Bylaws (only subject to amendment with the participation of all Highview II mortgage holding banks) govern this.
This situation has been on ongoing problem. Maxwell-Kates was able to obtain compliance from the majority of owners leasing their apartments, but only two warning letters and the threat of fining. Those owners with recently expired leases will be approached with a reminder to provide J.A.L. with an updated one. However, the nine owners with no lease on file who have already received multiple requests, will be sent a certified letter, fined according to building regulations wherever a response is not obtained, and their case turned over to the building's attorney for legal action if an owner refuses to comply. Not following through with this presents serious liability issues for the building and the Board.
III. Apartment inspections:
Jennifer Ogman reported that apartment inspections being conducted by the super for J.A.L are 90% complete. These inspections are in advance of contractor estimates for exterior brickwork and window related repairs. So, far, the inspections indicate damage from external water leaks in 15 apartments and damage from internal leaks in 4 other apartments. As discussion of specific apartment leaks continued, there were several questions concerning whether the super had personally inspected all apartments as directed by J.A.L.. Two Board members noted that in the report their own apartments were indicated as free of leaks while either inspections had never been made or major visible water damage not noted. Another Board member indicated that the super hadn't spoken to him about the inspection. A non-Board resident indicated that the super had asked if they thought they had any leaks, but had never checked the apartment as required by J.A.L. Since the major expense of exterior repairs is the cost of scaffolding, not the individual repair, it is critical that the building inspection be accurate and complete. Arranging for a contractor and setting up scaffolding to deal with a single resident's leak can be very expensive and the inspections were to be rigorous. Accordingly, Jennifer Ogman was dissatisfied with the way this task was performed. The inconvenience of re-inspection to both residents and management was noted. Jennifer Ogman will review the individual inspection sheets with the super and respond to the board about this next week.At the same time the leak inspections were performed, the super had been directed by J.A.L. to replace the smoke detector batteries (at building expense) for each unit owner. (Twice annually, compliments of the building, per 04/18/01 Board resolution.) Although the super indicated that this service had been performed in each unit, several residents have indicated that this was not performed in their unit. A written complaint was also recently received from an owner asking when this service was going to be performed. Once again, there was discussion of accountability in completing this task. Jennifer Ogman will discuss the situation with Michael Gonzalez and report back to the Board next week with an explanation and a plan to remedy the situation.
IV. Maintenance & Repair
1) Garbage enclosure: Jennifer Ogman reported that several weeks ago she had directed the building super to purchase supplies and make minor changes to the parking lot side of the enclosure fence (to improve its aesthetic appearance for lobby level residents) in response to resident comments. The work was not performed despite her direct request to the super to perform the job the next day. There was some discussion of how the super indicated that he unwilling to pay for materials out of pocket and be reimbursed later. Jennifer reminded the Board that Miguel regularly charges on Highview II accounts at Home Depot and Reiman's, and that it was common practice for her supers to special order supplies at Reiman's Hardware and use their charge accounts, rather than either advance their own money to buy something or ignore her direct request. Jennifer will discuss with the super to clarify the policy and to avoid similar misunderstandings in the future.2) Garbage in the street: There was discussion of garbage bags left in the street and other refuse left at the curb for days at a time. Jennifer Ogman indicated that this is contrary to policy and that she would speak with the super. All refuse should be kept in the cage until garbage day. If Sanitation refuses to take something, it is the super's responsibility to determine the reason and if repackaging is necessary make the adjustments. According to Jennifer, the super has a telephone number to contact the local Sanitation supervisor if necessary. Under no circumstance should the refuse remain at the curb in the meantime. Jennifer will remind the super of policy.
3) Warnings from NYC Sanitation: The building was recently warned by NYC Sanitation about improper disposal issues. Two flyers were provided by NYC Sanitation and posted in the mailroom. Summarizing the situation, Jennifer reminded the Board that all regular trash is required to be compacted before going to the curb (because the building is greater than 30 apartment units). In addition, contractors are required to take construction debris away, and residents involved in do-it-yourself projects must package refuse in a certain manner (as indicated in the posted flyer). The flyer also indicated that encouraging sanitation workers (with a tip) to violate City garbage policy carries a $5,000 fine.
4) Dumpster discussion: There was a suggestion of perhaps using a dumpster for regular trash. Jennifer Ogman explained that the building would require three dumpsters, collections are erratic, and the dumpsters are often replaced by the trucks in odd locations. She added with other details and the Board agreed to drop any consideration of this possibility. Jennifer did suggest that the building purchase 10-15 large garbage cans and stated this as an effective policy of her other buildings in the control of vermin. The Board agreed to leave effective garbage management to J.A.L.'s best judgment.
5) New Compactor: On May 2, 2002, the Board approved purchase and installation of a new HYCO MKII compactor from Scientific Compactor at a cost of $7,550.44 including materials, tax, and labor. Following bids and selection, J.A.L. further negotiated an extension of the selected vendor's warrantee from one to two years at no additional charge. (Board votes in favor were received from Alfano, Bellini, Boynton, Greenberg, Malta, and Montalvo. There were no dissenting votes. Five necessary were necessary for a full-Board approval, six votes in favor were received, and the purchase was approved. No dissenting votes were received.) The compactor should be installed in a couple weeks. To save Miguel the time and toil of compacting all refuse deposited by residents in the lobby level garbage cans, J.A.L. is continuing to investigate the possibility of an access chute to the compactor on the lobby level for the use of lobby level residents. A better sense of the possibilities should be available from Jennifer next week.
6) Foundation crack repairs (rear wall) and grating replacement: On May 2, 2002, the Board approved repair of the rear wall's foundation cracks by epoxy injection, repair of the garage floor's sewer access plates, and full replacement of the collapsed entrance grating. The epoxy injection work will be performed by Affordable Masonry (with a lifetime warrantee on the repair included in the contract) at a cost of approximately $2,000. The grating replacement by Abassi Construction (also with a warrantee written into the contract) will cost$1,130. (Votes in favor were received from Alfano, Bellini, Boynton, Malta, and Montalvo. Five necessary were necessary for a full-Board approval, five votes in favor were received, and the repairs were approved with the provision that the contract include a warrantee. No dissenting votes were received.)
7) Repair of the front foundation's cracks will be deferred until fall, as excavation will require removal of landscaping along the building's front wall. With the drought alert watering rules in effect, the building might be prevented from adequately watering replacement bushes - leaving the front of the building looking like a construction site for at least half a year.
8) Roof exhaust fans: Three roof exhaust fans are still out of service and on order. There will be an email update to the Board next week on the situation should any vote be required relating to this subject.
9) Hallway smoke detectors: J.A.L. is planning to install smoke detectors in the common hallways. One every 20 feet, battery operated. The Board has requested that J.A.L. get an estimate of making these AC supported instead of battery. Contractor proposals are being accepted for Board review. This will probably be resolved by the next Board meeting.
10) Rooftop storage building: Apartments 6-A and 6-B continue to receive water damage due to the deterioration of a incinerator chimney bulkhead on the roof (now used as a storage building). Over the last four years, Highview has done some significant repair work on this storage building and each time the leaking has only stopped for another couple months. Residents have been subject to recurring major leaks and damage over a few years now. The current contractor estimates are for a more comprehensive repair include partial removal of the structure, repair, and complete brick pointing. This will probably be resolved by the next Board meeting.
11) Apartment L-C damage: Apartment L-C's ceiling damage was repaired by the building super. Expenses will be passed along to a neighbor causing the damage above. Estimates for (wooden) floor repairs are still being gathered.
12) Per board approval spring 2001, a litter container was purchased and installed at the rear corner of the building with a special bag dispenser to assist pet owners with their responsibilities. The location was first discussed with dog owners and area unit residents. Positive comments have been received since its installation. No negative comments to date. No negative comments are expected as long as the garbage bag is changed daily. The Board asked when the front entrance refuse container will be replaced and why the wall mounted refuse containers on each floor (next to the elevator) were removed.
13) Contractor proposals were accepted for a motion sensor for the parking garage's exhaust fan. (Building code requires a fan to be operating as cars come and go from the garage to prevent carbon monoxide, etc. from building up in the garage.) Information was not available at this meeting, but there will be an email vote in the next couple weeks as soon as J.A.L. has the details in order. There was a remark made about having a timer on the automatic door closer to automatically close the door after a short period of time. Sometimes users inadvertently leave the door open.
14) Flag pole light was moved from the ground to the wall of the building to avoid vandalism. However, the pole seems to be better lit than the flag. Jennifer will discuss with super.
V. Personnel
1) At the March Board meeting, the Board had expressed concern for the incomplete log of resident reported problems and repairs. Jennifer Ogman reported that the building super was not cooperating with the system and that resident repair requests were not being logged. The log incorporated in the last meeting's J.A.L. report consisted only of those repairs Jennifer logged herself. No maintenance log appeared in this month's management report. Jennifer Ogman reported that the super is still not cooperating with the system. As an example, she stated that there were a number of building service decisions and bills that should only have been authorized by management that she only became aware of when bills came in. She confirmed that a weekly meeting is scheduled between herself and the super, as well as regular telephone calls, however the super did not mention these things. Individual items Board members saw listed on the yellow pad (super's office door) by residents were mentioned and once again Jennifer said that these items had not been reported on the super's log.2) G & D Maintenance has requested Highview II sign a two-year contract renewal. The Board will consider and discuss at the June Board meeting.
3) Jennifer Ogman presented the Board with the super's job description and annual evaluation forms. The evaluation is performed by the managing agent and offered to the Board for their review and approval. Board members were given a copy of the draft and it is to be reviewed and returned to J.A.L. with any comments over the next week. Following approval of the document by the Board, J.A.L. will affirm with the building's super.
4) At approximately 9:30 p.m., building super Miguel Gonzalez joined the meeting. There was discussion of the super's working relationship with J.A.L., G&D Maintenance, and the part time helper hired by J.A.L. to assist with special projects. The Board affirmed its understanding that the building super reports directly to the managing agent. All Board requests and suggestions for the super should be channeled through the managing agent to avoid any misunderstandings. With the Board, managing agent, and super present, this was agreed. There was also discussion between Jennifer and Miguel of the repair log system, the new compactor, the handling of refuse according to NYC code, authority to act as the Board's agent with respect to hiring, firing, canceling contracts, and other management issues. There were no disagreements expressed on these issues. The Board confirmed with both Jennifer Ogman and Miguel Gonzalez that there was a complete understanding and no remaining issues accountability or authority that the Board needed to be involved in.
5) There was discussion of the part-time assistance provided to Miguel on Thursdays for painting projects. Jennifer Ogman asked and Miguel agreed that the part-time services of Al were no longer needed. With Jennifer and Miguel both present and in agreement; the Board affirmed as well.
VI. New Business:
1) Marian Abruzzo was invited to attend the meeting concerning a letter she had written requesting clarification of issues discussed in previous Minutes (including status of litigation and delinquencies, the washers and dryers, repair updates, smoke detectors, building vandalism, and adequate enforcement of building rules). She was unable to attend the meeting and advised the Board in advance. Jennifer Ogman will contact Marian and ask is she wishes to reschedule for the June 11th meeting.2) John Mangione requested the opportunity to respond to two complaints regarding playing loud music and no carpeting. He was invited to attend at 8:30 p.m., confirmed he would attend, but did not show up. Jennifer Ogman will contact John and ask if he wishes to be rescheduled for the June 11th meeting.
3) There was discussion of the entrance area's front plants. Virginia Re was authorized at a previous meeting to design/arrange plantings this spring, similar to the ones she did last year that were so well received. Virginia has been waiting until the risk of frost passes and will be tending to them soon. Stefanie Greenberg, who owns several flower shops, offering to provide Virginia with plants. It was agreed that Stefanie will contact her to discuss Virginia's needs.
4) The next Board meeting will be on the next Tuesday of the month (June 11th) as regularly scheduled.
5) The annual General Membership Meeting was scheduled for June 18, 2002. It was noted that the meeting has taken place in past years as early as March and as late as September. The controlling factor is the annual audit - as this financial report is a prime reporting requirement of the meeting. With the recent change in managing agents and Maxwell-Kates failing to respond to DeSantis & Shall's repeated fall inquiries for confirming engagement, Jennifer Ogman reported that the audit should hopefully be completed by the end of May (last year, without an end of year management change, the meeting could not be scheduled until May 23rd, and even then the DeSantis & Shall was only available in draft.). J.A.L. hopes to confirm the audit's completion at the Board's regular June 11th meeting and act if an additional delay is required.
The meeting was adjourned at approximately 10:45 p.m.