Highview Condominium II
Board of Directors Meeting
June 19, 2000 ** 7:30 - 10:00 p.m.
Meeting Minutes

The June 19, 2000 meeting of the Board was called to order at 7:30 p.m. In attendance were Board members Robert Boynton, Victor Bellini, Paul Chelsen, Judi Kepics, Frank Mattera, and Miriam Montalvo. Guests included Joan Desantis, Barbar Ferrante, and Finnerty Management representative Lisa Teti. Tom Finnerty would attend the latter half of the meeting. Not in attendance: Board members Vincent Alfano, Carl DiLorenzo, and Stephanie Greenberg. In Vinny Alfano's absence, Bob Boynton acted as Recording Secretary.

Pest Control: Bob Boynton and Victor Bellini reported that the roach problem has still not been controlled. On Saturday, June 17, 2000, Val's Exterminating serviced the building. They reported that they were still unable to properly service the maintenance rooms on the lobby level due to furniture and other storage items in the way.

The Board expressed frustration with the situation. The storage problem had been brought to Finnerty Management's attention over a month ago, on May 8th.. Finnerty Management has not acted promptly to get the areas cleaned up and understands that the exterminator will not have proper access until the cleanup is completed. Some of the storage has represented significant New York City fire code violations and could have resulted in penalty fines. New York City fire code requires the building's gas-meter room to have a sign on the door signifying no storage allowed in the room. The sign was in place as required, yet the gas-meter room had been full of the superintendent's personal storage.

Board members discussed the managing agent responsibility for assuring that the building is maintained up to New York City building codes. Judging by the problems the new Board has discovered, the Board felt that Finnerty Management had not assumed this responsibility over a period of years. It was also questioned how closely Finnerty Management supervises and evaluates the performance of the building's superintendent.

It was discussed that in May the Board requested from Tom Finnerty a comprehensive explanation of the services Finnerty Management provides the building. However, in response, Finnerty Management had provided the Board with information on the possible future development of a web-based management service. As of this meeting, nothing has been received detailing the services we are currently paying for or receiving. Lisa Teti, representative of Finnerty Management, was requested to pass along the outstanding request for an outline of the current services provided.

Boynton added that he met with Finnerty and building super, Carlos Otey, just before this Board meeting and was once again promised that the clean-up of storage areas will be completely taken care of by the next day. (Note: Following this Board meeting, Victor, Bob and Tom Finnerty toured the storage areas again. Numerous active and healthy roaches of all sizes were sighted on the compactor room floor. Tom assured Bob and Victor that the storage would be completely gone by tomorrow and the exterminator would be able to perform the service we have been paying for on a bi-weekly basis.)

Boiler fine: Judi Kepics reported that the building's boiler was recently inspected by the City of New York and the condominium was fined $720 for a code violation. The violation related to an alarm bell that had been intentionally disarmed. Such an accessible wall switch in the main hallway which could so easily disarm this critical alarm was deemed inappropriate. The Board agreed to have the switch removed or secured at once. Bob Boynton agreed to oversee this.

Wall /water leak: Barbara Ferrante presented a complaint to the Board. Her 4th floor apartment has had serious water leaks from above a window for four years. She explained that four years ago, Finnerty Management investigated the problem and indicated to her that the problem's source was deterioration of the building exterior wall. Ferrante stated that Finnerty told her that the building could not afford to fix the problem that year. Ferrante complained a year later and was told by Finnerty that the building could still not afford to fix her leak, perhaps next year. She would have to wait. Four years later, the problem has still not been repaired and her leak continues.

Barbara also complained about a repair made to her bathroom ceiling by Finnerty. She brought pictures to the meeting indicating a gap between the ceiling and the walls. The Board did not fully understand the visible gap in the pictures, but agreed to investigate. Judi Kepics and her husband (a professional building engineer) would take a closer look. Also, Tom Finnerty would be given an opportunity to explain the situation to the Board.

6th Floor Ceiling Leaks: Several 6th floor residents recently shared their frustrations with unresolved ceiling leaks dating back to Fall '99. The Board's last meeting and discussion of this issue was summarized. At the last Board meeting, Tom Finnerty expressed frustration with Mill Basin Roofing and noted that their poor performance was the root of the ongoing problems. Finnerty reiterated that Mill Basin Roofing had been chosen for the project by the Board contrary to his the guidance on the subject. Finnerty stated that he had been unable to contact them after repeated attempts and that the company was probably no longer in business. At that meeting, Boynton requested that Finnerty turn over a copy of all correspondence and any notes with Mill Basin Roofing and Firestone, who warrantees the roof. Board members would attempt to follow-up with Mill Basin and Firestone company personally. If the Board was unsuccessful, legal action would be considered.

Boynton now reported that Finnerty had made the information available and that Bellini had followed up with the roofer. Victor reported that he was successful in contacting Mill Basin Roofing and had scheduled an inspection of the roof by Mill Basin on 05/31/00. Bob Boynton met with Mill Basin Roofing on the building's roof on 05/31/00 at 10:00 a.m. It was determined that the most probable cause of the leaks was not the roof itself. After inspection of the roof and several 6th floor apartments, leaks were traced to the interior floor of a 20 foot square brick out-building on the roof, situated directly over water damage sighted in the 6th floor hallway and inside apartments 6A, 6B, and 6D.

The out-building's door was in considerable disrepair with several large rust holes. There was a visible trail of water running to the inside floor of the building. The steel door and its frame had apparently not been maintained or painted for a period of years, allowing for significant corrosion and now requiring total replacement. Significant cracks in the brick walls of the building were also pointed out by Mill Basin Roofing and clear signs of water migrating through the cracks to the interior of the building was noted.

Mill Basin said that they had spoken with Finnerty Management several times over the last year about the condition of the building as the source of the leaks. Mill Basin said that the condition of the building was first pointed out when they were hired to seal the roof two years ago. They were surprised that the building's management had bothered to seal the roof without dealing with this building's condition at the same time. Mill Basin Roofing explained that the type of work the out-building requires is not their type of work.

It was also noted that the other roof out-building, situated over the elevator and housing the elevator's motor has a similar door. That door frame is also in need of significant maintenance, but has not rusted through yet and should not require replacement if action is taken soon. Priming/painting of this door is required, as well as replacement of the threshold.

Following Boynton's meeting with Mill Basin Roofing, Victor Bellini had discussed the problem with contractors. A contractor and price were determined. On 06/14/00, Board members were contacted by email and a majority of the full Board approved the approximately $1,000 cost of a new steel door, frame, and installation. A contract for the work was signed by Victor Bellini as Vice President of the Board. The custom-size door is now on order and replacement is expected in late July. The other repairs related may be scheduled at the same time.

Joan Desantis (president of the Board at the time the roof was sealed two years ago) was invited to this Board meeting. She was asked to explain why, as President of the previous Board, she had not acted to remedy the problem. She indicated that Mill Basin Roofing had mentioned the problem to her as they prepared to do the roof work and that she had then referred the problem to Finnerty Management for repair. She was unaware that the problem had not been resolved at the time by Finnerty.

Both the Board's former president and Mill Basin Roofing stated telling the managing agent about the problem, yet the new Board was only able to learn of the maintenance problem by speaking directly with the roofer. Though roof leaks were discussed with Finnerty at the last Board meeting, no mention was made of the existence of this out-building or its possible involvement in the problem.

Boynton asked the Board to consider where the responsibility for tending to such issues should rest in the future. Should Board members be expected to make personal inspections of the roof? The current situation with this roof out-building has existed for two years and remained a secret to the current Board right up to the moment they met personally on the roof with a roofing contractor.

The contrast of this out-of-sight seriously rusting door, the ongoing and serious deterioration of 6th floor ceilings, and Barbara Ferrante's ongoing wall leak being noted as beyond the building's current financial ability to correct, were compared to the prior Board and managing agent's focus on a cosmetic expenditure of over $20,000 to "freshen the lobby's looks". The apparent backlog of structural maintenance and repair issues now being addressed by the Board were deemed to be the result of long-term neglect.

Boynton reminded the Board that at the last meeting, Tom Finnerty was asked if he maintains a list of repairs the building needs and that Tom indicated that he does not. Boynton indicated that in May he asked Tom for a list of the services Finnerty Management formally provides the building, along with a list of any services received by the building from Finnerty out of good will - ones we should really find a more formal way of dealing with.

Owners have presumed that identifying and following up on situations like maintenance of the roof building were the responsibility of our managing agent. As this is not the case, Boynton felt that the Board should investigate what type of additional service would cover such oversight. Representing Finnerty Management at this board meeting, Lisa Teti indicated a willingness to begin a master list of repairs.

Noise Complaint: A third floor resident complained about a continuing problem with loud music from the apartment directly below. The Board discussed with Lisa Teti of Finnerty Management how these situations are usually handled. Lisa Teti indicated that Finnerty Management sends a warning notice to the offender. If the offender is a renter (non-owner tenant), a copy of the notice is also sent to the unit owner. Rules and Regulations indicate that a fine may be imposed. All fines are billed against the unit owner, not the tenant. It is the responsibility of the owner to manage his/her tenant.

Fire Code Changes: Boynton explained that he had received notice from Finnerty Management of a recent change in New York City fire code effective April 13th. According to the new rules, the Board must distribute a fire plan to all residents and employees of the building. The Board must get a signed confirmation of receipt and maintain a file of these confirmations for inspection by the City. The Board must get signed confirmations from new owner or tenants before they move into an apartment.

Additional rules require the Board to distribute an evacuation plan placard that is to be mounted to the inside of all apartment entrance doors. They are to assure that it is replaced if removed or damaged. The news article from a condominium management newsletter provided by Finnerty points out that this is an excellent time to evaluate all of the building's fire prevention and fire detection measures.

Boynton noted that we do not have actual text of the new law nor text of the indicated eight page plan that must be distributed to residents. This information was requested from Finnerty Management. Tom did not have the information and suggested that the Board try calling the fire department to get specific information on compliance.

Boynton asked Paul Chelsen and Frank Mattera to act with him as a committee and investigate fire-safety improvements for the building. It was noted that the building only has sprinklers in the parking garage. There are no alarms or smoke detectors in the halls and other common areas. In apartment units, the condition of battery operated smoke detectors is uncertain. Several Board members admitted to being uncertain whether their own smoke detectors were in operating order. Several owners indicated having private security systems that include fire detection and central reporting systems.

Lease and Sale records: Condominium Bylaws require the Board to maintain a record of all leases, proposed rentals, and proposed sales. Bob Boynton had asked Finnerty Management for copies of these records and Tom Finnerty indicated that he does not have copies of current leases. It was noted that keeping these records current will have implications for the new fire regulations previously discussed at the meeting.

OmniPoint lease agreement: Bob Boynton reported that beginning 06/19/00, OmniPoint will be working on the roof to complete installation of their antennas. They have been asked to restrict noise on Monday afternoons to accommodate resident concerns. There should be little or no drilling. Their plan for using a crane in the parking lot to move equipment to the roof has been modified. The crane/truck will not utilize the parking lot and will instead be placed on the street near the garbage area. OmniPoint will assume responsibility for any related lawn and sidewalk damage.

Lobby Renovation costs: Judi Kepics requested that Finnnerty Management present a report for this meeting of the final cost of lobby renovations. The report was offered by Lisa Teti of Finnerty Management and indicated a final cost of $19,975 for the project. Judi Kepics, a member of last year's Board, questioned the authorization for this expenditure. Tom Finnerty (who had just arrived at the meeting) indicated that the funds had been approved by last year's Board. Judi, a member and the Treasurer of last year's Board, said that she had been at all of last year's meetings and that there had been no such discussion and approval. Finnerty replied that it had been approved by Tom Will and Neil Hattem.

Boynton noted that at the February 2000 meeting (that he and Victor Bellini attended as guests), one of the issues of concern they raised was an absence in any distributed Board meeting Minutes of an authorized budget amount for the lobby renovation. Tom Finnerty had stated at the February meeting that it was authorized in previous meeting's minutes. Boynton and Bellini had responded that they had seen posted minutes of the October 21, 1999 meeting indicating that a budget of $70,000 had been presented and that the Board had decided on a reduced plan, but that no Minutes they had seen indicated a specific amount approved for the plan. Their expressed concern for last year's lack of accountability in expenditures still appears to have been well founded.

Tom Finnerty pointed out the high quality of the renovation work performed and how the designer had won an award for previous design work of our lobby. Current Board members noted that there have been some negative comments about the new design and choice of colors. Tom Finnerty suggested that if there were concerns last year, Judi Kepics had been on the Board and could have discussed it all with the designer. Judi Kepics replied that she and fellow Board member Miriam Biren did have concerns about the designer's plan, voiced them, and called the designer to discuss. However, the designer refused to discuss the plan with them and stated that she was working for Tom Finnerty. The designer stated that she would only discuss the colors, etc. with Finnerty. Kepics reiterated that she and Miriam Biren had not been included in approval of either the design or the final cost.

Treasurer's Report: Judi Kepics reported that the condominium's bank accounts have been updated so that the Board's current officers are the only authorized signers of these accounts. Finnerty Management is no longer an authorized signer. All bills will still go through our managing agent. As bills are to be paid, the invoice will be presented to the Treasurer along with a prepared check for signature. In the Treasurer's absence, the Board's other officers (Boynton, Bellini, and Alfano) are authorized to sign.

It was pointed out that the Board's decision to have the Treasurer sign all checks was in part a response to the lobby renovation situation in which there appears to have been inadequate documentation of expenditure approvals.

Capital Repairs and Estimates: Bob Boynton reported on a written request made of Finnerty Management for rough preliminary estimates of several major capital repairs that have been informally discussed. No information from Finnerty was offered on the water main valves, lobby-level risers (water valves), garage ceiling water valves, and brick pointing.

An estimate for repair of the front entrance awning was received. There are several tears and the seams have unraveled (1-2 feet on each). The proposed vendor indicated that the canvas is aging and repair impossible. Replacement costs suggest that another year's service is in order - without repair.

Hydrology issues involving apartment L-C's water damage, and foundation cracks in the boiler room and parking garage were investigated by Accardo Engineering. The engineer's recommendation calls for excavation of the foundation, repair of foundation cracks, and installation of a french drain system. No estimate of cost was available. It was noted that this report duplicated almost word for word a Fall '99 engineering report conducted by the same engineering firm. Authorization of this expenditure was questioned. Boynton noted that he did not authorize the expenditure, but would investigate.

Landscaping: Bob Boynton indicated that the Board has received a four-year contract proposal from Walsh Brothers Landscaping for lawn services. A separate offer was received from Walsh Brothers for annual flowers. Victor Bellini agreed to chair a group to review the situation. The possibility of replacing the considerable cost of annual flowers with more permanent flowering plants and shrubbery was proposed. A landscaping committee was formed to pursue the issue. Boynton and Chelsen agreed to serve with Bellini.

Air conditioning /heating - research update: Victor Bellini reported on his research of possible replacement units for the Slant-Fin AC/heat units which are reaching the end of their typical life-span. Suppliers other than Ice-Cap have been determined. It was reiterated: 1) although in-wall units are considerably more expensive to replace than window units, this is the design of the building and owners accept this when they purchase; 2) new units of whatever brand will operate at less cost (per BTU) as increased efficiency is mandated by law; 3) certain components of the aging units are required for BOTH heat and AC and acceptable solutions must deal with both requirements. As a convenience/resource to owners, the Board will continue to investigate possible replacement units.

The Board scheduled its next formal meeting for Monday, 09/18/00 at 8:00 p.m. In the meantime, eight of nine Board members and Finnerty Management are accessible by email for discussion and decisions. The Board will continue its work throughout the summer without interruption.

The meeting was adjourned at approximately 10:00 p.m.