Highview Condominium II
Board of Directors - Meeting Minutes
October 20, 2005, 7:30 p.m.

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

1) Appointment of Al Lamoglia as Board member: Due to the September 30,2005 resignation of Sanchie Bobrow, the board was required to appointment a replacement prior to other business. Per bylaws, the appointment is made by the current board members and is valid until the general membership’s next annual meeting and elections.

Between September 30th and October 3rd, board members nominated Anna Civitano, Nora Colford, and Al Lamoglia. All nominations were by email in accordance with the board’s formal method of conducting business outside of board meetings to provide a formal record of decisions. Nominations were closed on 10/03/05 and an email vote was started by the Secretary. Boynton reported that email votes were received from only Bellini, Boynton, Keshecki, and Re. With only half of the board members voting, none of the three candidates had been elected prior to this evening’s meeting. By incorporated the email votes, the additional votes of Miriam Biren and Marjorie Cannon at this meeting, and negotiation to achieve consensus; the board voted to appoint Al Lamoglia (Bellini, Boynton, Cannon, Biren, Keshecki, and Re).

2) Approval of July Minutes: Noting insufficient response from the board by prior emails, minutes of the July 13, 2005 meeting were approved at this meeting. The Secretary will post the approved July Minutes and now distribute September minutes for email approval.

3) Repairs and maintenance:

a) Boiler repairs: Following a hot water failure on 10/12/05, JAL requested that the board consider approval boiler repairs (a new mixing valve $4,200. and hot water coil $4,700.). A second bid of $4,100 for the mixing valve was received from RSK Plumbing who indicated that the hot water coil replacement was not necessary (previously replaced). It was explained to the Board that until this repair was made, the boiler would be unable to provide adequate heat and hot water to the building at the same time. An email vote was begun by the Secretary on 10/12/05, however as of this meeting, only four board members had voted (Bellini, Boynton, Keshecki, Re) and the repair was on hold. The Board voted at this meeting to approve RSK Plumbing’s bid of $4,100 (Bellini, Boynton, Keshecki, and Re in favor. Biren abstaining). Greenberg was telephoned at this meeting and cast a fifth (majority) vote.

b) Garage Exhaust Timer: The Board approved Christie Overhead door’s estimate for a new exhaust fan timer for the garage door. It was noted that an estimate for this work had previously been approved at the Board’s October 2004 meeting, but was delayed after Ogman advised the board in January 2005 that the super could do the job for less. After reporting at the March board meeting that the super would not be able to perform the work, Ogman indicated that she would go back to the approved October 2004 bid and complete the installation.

c) Painting & smoke detector battery replacement:

i) Rob has painted the elevator saddles, chute room doors, and is currently painting all apartment unit doors. According to JAL, seventeen doors had been painted and smoke detector batteries replaced. It was questioned whether the super was actually replacing the smoke detector batteries, since conversations with four randomly selected unit owners indicated that the battery replacement had not been offered by the super. Ogman will follow-up immediately with the super, since this combined process was to create the least inconvenience to unit owners.

ii) Concerns were raised about the temporary helper hired per JAL’s recommendation to assist with regular maintenance while the super was painting. It was noted that although the temporary helper worked on the previous Wednesday, no paint work was scheduled that day. Also since the super was only painting doors from 10:00 a.m. to 2:00 p.m., the majority of owners were not home during that time period to schedule their doors, and the smoke detector battery replacement had not been offered, the board questioned JAL’s staffing request and Ogman’s oversight in this matter. Ogman indicated that the helper would be discontinued at once.

d) Plumbing: Ogman was asked about the pressure gauge that was to be added to the new water pressure valve. This question had been raised at the September meeting and she indicated that the gauge was to be added later that week. She was unable to confirm at this time whether the gauge had been added or not.

e) Front Door area: Ogman was asked about grease marks on the front doors that had been pointed out at the September meeting but had not been removed. Ogman indicated that they would not come off, but when the board accompanied Ogman to the front door with cleaner and a paper towel a thick layer of built up was quickly removed.

f) Compactor Room: The Board accompanied Ogman to the compactor room. The personal storage and inadequate (daily) washout concerns discussed in the spring had not been corrected. The hose necessary for daily wash-out of the room was not found in the room, debris and compression liquids were noted under the compactor, and the floor was dirty with a build up. The presence of personal storage was questioned again and when computer boxes were opened, roaches exited the boxes. Roaches were also noted on the floor. The board discussed this situation as a management failure and why such a chronic situation had been allowed to develop and continue – particularly after the board had walked Ogman through the room earlier in the year with their concerns.

g) The garage maintenance problems were discussed again. The garage was washed out about a month ago for the first time in about a year. It was previously pointed out to JAL that this is supposed to be done on a month basis. It was noted that when sewer backups occur in the building, even toilet paper is occasionally left on the garage floor and health hazards presented by not cleaning this floor on a regular basis. JAL was reminded that parking space owners pay about $300 per month for parking area maintenance. Discussing last month’s wash-out, it was noted that piles of mud remained 5’-10’ surrounding a couple of the drain areas and there was no follow-up cleaning in the days that followed. The accumulation of plumbing pipes, boards, and grease mentioned at the May 11, 2005 board meeting still remained and Ogman was reminded that it is the responsibility of JAL to assure that nothing is stored in the garage except motor vehicles according to the parking rights defined of "limited common space" and the Board’s understanding that loose items in the garage present liability issues for the building.

h) Litter on grounds: There was discussion of 20-50 orange plastic bags that littered the Clove Road curb of Highview for almost a week and clogged a storm drain. Although NYC is responsible for cleaning storm drains, it is the super’s responsibility for keeping the Highview property free of litter. It was noted that a couple residents had picked up the bags after several days and cleaning up this was the super’s responsibility as matter of keeping the Highview free of litter.

i) Maintenance Committee: A copy of the form being utilized by the committee was distributed. The board agreed to have an informal meeting within the next couple weeks and review the process. Although the board requested that that Ogman include copies of her weekly maintenance reports in the management package distributed at board meetings by JAL, the reports were not included in this month’s package.

4) Highview II board presidency: At approximately 9:00 p.m., there was a discussion of the board’s presidency. It was noted that the topic had been held until Stefanie Greenberg arrived in the hope that she would participate in this deliberation, but by 9:00 p.m. it was agreed that she would probably not be attending the evening’s meeting and the discussion began. It was noted that Greenberg had only attended two of the board’s nine regular meetings in 2005 (January and April), and had been absent from the other eight meetings (February, March, May, June, July, August, September, and this October meeting). As an organizational issue, the Vice President who would ordinarily be expected to chair these critical meetings had not been briefed by the president to lead discussions in her absence.

There was a discussion of the crucial and active deliberations of the board; particularly those related to the building’s approximate $300,000 in capital projects, contract oversight, and legal review. There was discussion of a crisis in daily building management and maintenance issues. The president’s refusal to implement several duly board voted decisions in recent months was discussed. It was noted that the primary role of the president is to facilitate the flow of information between the board’s nine members, to act as the primary person sharing all information to and from the managing agent, and to assure that all actions are approved by the necessary majorities in accordance with bylaws are then implemented. It was noted that board member concerns relating to fulfillment of these presidential responsibilities had been shared in emails with the full board and its president over a number of months.

It was agreed that Greenberg had been acting in what she perceived as the building’s best interests. However it was agreed that the responsibilities of the presidency might at this time be better met by a board member with more available time for board management and greater attention to the building’s bylaws.

The board asked Richard Re if he would accept the board presidency if so voted. Richard Re said he would accept. A motion was then made to request Greenberg’s resignation from the presidency and as soon as this could be conveyed to her, the election of Re would be considered complete. Motion seconded and the board so voted without dissent. Richard Re was thanked for accepting the responsibilities of the presidency. Victor Bellini was asked to convey this decision to Greenberg and agreed to do so.

In making this decision, the Board requested that Bellini convey its thanks to Greenberg for her efforts as president over the last 3 years. As a continuing member of the Highview II board, her viewpoint and ongoing participation in the Board’s efforts will remain as valued as ever.

5) Finance

a) Building loan: Closing was completed on October 6, 2005 and monthly assessments have begun for those unit owners participating in the loan. Approximately 22 unit owners completed a full payment of their shares by the required September date.

b) Telephone bill: There was a discrepancy in the telephone bill for the entrance system’s modem line. This line is only for incoming data calls (system updates), but there appeared to be a number of outgoing long-distance calls on the bill. JAL will investigate with Verizon and report back to the board.

6) Roof replacement project – updates since regular meeting on the full-Board in July:

a) HVAC estimate: Fahrenheit HVAC, Ltd. has not provided a revised contract. Fahrenheit did attempt to connect an exhaust fan to the "A" kitchen line, but were unable to provide any flow due to construction debris and/or garbage found lodged in the duct.

b) Electrical contractor for HVAC: Since Fahrenheit HVAC’s bid specifically states that they will not connect the new units to electrical, bids will be required by the board from electrical contractors to hook up the fans. Ogman will get the multiple bids for Board review. The Board will need to approve an electrical contractor in time for participation in the pre-construction meeting.

c) Pre-Construction meetings: As authorized at the September meeting, Boynton signed the Becht Phase-3 contract on behalf of the Highview II board and forwarded to Becht Engineering. A copy of the signed contract was forwarded to JAL in order for the initial $10,000 payment to be made to Becht. Once again, it was noted that this contract had been previously approved in June by eight members of the board, however the president had never signed the contract and forwarded to Becht Engineering for them to begin Phase-3 meetings.

d) Summarizing next steps:

Meeting was adjourned at approximately 10:30 p.m.

Robert Boynton, Secretary