Highview Condominium II
Board of Directors - Meeting Minutes
January 29, 2015  7:30 p.m.  

The second regular meeting of the 2014-2015 Highview Condominium II, Inc. Board of Directors was called to order at approximately 7:30 p.m. by Donald LaPalme, President. 

Board members in attendance: Robert Boynton, Joseph Cann, Marjorie Cannon, Nora Colford, David Cutler, and Donald LaPalme.  Board members absent:  Natalie Hendrix and Joseph Skonieczny.  Michael D'Angelo participated in the meeting by telephone.  Maria Arzano attended from Wentworth Property Management. 

1)   Approval of meeting minutes:  Minutes of the 12/02/14 and 12/15/14 meetings were approved by email. 

2)   Building Repair & Maintenance Report: 

      a)   Sidewalk lighting - electrical repairs:  All exterior sidewalk/stairwell has been out since early December.  Arzano indicates that Walsh Electric will make repairs next week.

      b    Re-location of security system server & electrical from super's apartment to building office:  Work by Alarmingly Affordable approved by Board on 12/03/14.  Still waiting for Arzano to arrange electrical contractor and Verizon work per board request of 12/02/14 meeting.

      c)   Fire escape inspection per Local Law 11 amendment:  Engineer completed preliminary inspection and has submitted report to City.  Inspection indicated work will be required on the fire escapes.  Arzano anticipates update for Board in 1-2 weeks.

      d)   Foundation cracks:  Board approved engineering inspection by Salamon Engineering.

      e)   Light fixture lens replacements (lobby level):  Arzano ordered replacement lenses several months ago from Richmond Lighting.  No update.

      f)    Compactor chute doors:  Maintenance report on 11/24/14 of broken door.  Replacements of several doors authorized at 12/02/14 meeting.  No update from Arzano.

      g)   Door locks:  Board approved repairs & replacements as necessary by Minkel Locksmiths.

      h)   Compactor room - toilet installation bids:  Bids originally requested by Board at 09/23/14 meeting as a high priority with super expected to resign by end of year and no toilet available in building for cleaning porters to use.  Noted that porters have been using toilet in park and stores at Victory Blvd./Clove Rd.  Awaiting final bids and discussion with Arzano to complete work. 

      i)    Compactor room - door replacement:  Door replacement approved by Board at 12/02/14 meeting.  No update from Arzano.

      j)    Compactor Room - timer clock:  Requested on 12/19/14.  No update from Arzano.

      k)   Compactor repairs:  Condition of compactor and extensive repairs noted on 11/28/14 after service call.  No update from Arzano.

      l)    Roof door - replacement bids:  Following 09/23/14 investigation, Board approved Minkel bid at this meeting to replace door.

      m)  Roof bulkhead - masonry repair bids:  No bids received from Arzano since 09/23/14 request.

      n)   Front - entrance area sidewalk and pillar crack repair bids:  Board awaiting final bids from Arzano to approve.

      o)   Front - refinish of doors/windows bids:  No bids received from Arzano since 09/23/14 request.

      p)   Boiler repairs:  Emergency repairs have been made.  Noted by Star Boiler that regular servicing has not been performed and a City compliance inspection was past due in May 2014.  Maintenance will require a shut-down and recommended waiting until summer.  Noted that Joe Cann had raised questions with management about boiler maintenance and log book at 09/23/14 meeting.

      q)   Hallway wall active water damage A/B:  No update from Arzano since 12/16/14 report.  Damage continues.

      r)    Garage - overhead door - stop light not operating:  Super (prior to 12/15/14 departure) and management did not respond to 12/02/14 resident complaints.  Ultimately repaired by unit owner (2-G) on 01/27/15.

      s)   Garage - exhaust fan timer repair:  Problem reported on 11/24/14.  No update from Arzano.

      t)    Parking lot - repairs and/or resurfacing:  Bids requested on 0/28/14 for incorporation into FY2015 fiscal planning and spring 2015 repairs.  No update from Arzano.

      u)   Wallpaper and carpet replacement bids:  Renovation Committee completed preliminary bidding by scheduled 01/15/15 deadline.  Now going back to vendors to assure all bids are for identical product spec.  Anticipate a contract for Board approval by next board meeting.

      v)   Status of water damage repairs in unit 5-C:  No update from Arzano. 

3)   Building Staffing:  The Board discussed staffing needs while Arzano continues to seek candidates for the super's position. 

4)   Financial Report: 

a)   Unit arrears:  Board reviewed unit arrears with managing agent.

b)   Operating and Reserve account balances:  Discussed.

c)   Special Assessment and/or Building Loan:  Comprehensive listing of repair and replacement estimates continue to be gathered.  Board discussed likelihood of either Special Assessment or building loan in spring 2015.  Noted that capital reserve funds used to cover cost of last two rounds of exterior masonry repairs were not replenished.

d)   Audit for FY2014:  No update of status from Arzano. 

5)   Legal Report: 

a)   Local Law 11 facade inspection (cycle 7):  Engineer has completed additional inspection of fire escape per amended Local Law 11 and submitted report to City.

b)   NYC code violations:  Continuing discussion of six DOB and five ECB building violations indicated by City as remaining open.  Wentworth’s Site Compliance officer and Arzano seeking resolution.  Board will be requesting a weekly update from Arzano until resolved.  Arzano was reminded that per meeting on 12/19/14 with Steve Hirsch, Laura Slaven, and Maria Arzano; Laura Slaven would provide update before end of December.  LaPalme noted that he has not received an update from anyone at Wentworth since the 12/19/14 meeting.

c)   Lease compliance:  On 10/30/14, there were 11 units in rental without current leases on file with management.  Each is was subject at that time to monthly fines of $500.  No update from Arzano since 10/30/14.  Maria will provide report tomorrow.

d)   Insurance compliance:  No update from Arzano since 10/30/14.  Maria will provide report tomorrow.

e)   Carpet inspections/complaints (units 2-H, 2-K, 3-A, 6-C):  No update from Arzano.

f)    Building damage from traffic accident:  Building's insurance carrier seeking payment from Access-a-Ride whose bus was without insurance at the time of the accident.  Being handled by building's insurance carrier.  No update. 

6)   Unit owner appeal:  In anticipation of the unit owner's arrival, the Board reviewed the unit owner appeal process.  Noted that all unit owners have the right to an audience with the Board in order to appeal a Building Rules fine or to express any other building concern they may have.  The procedure is as follows:  a) The appeal/concern must be made in writing and provided to the managing agent at least 7 days prior to the board meeting date,  b) The managing agent will distribute the document to the full board along with any relevant background materials,  c) Once the written appeal has been received by management, the unit owner will be assigned a 15 minute time slot for the board meeting by the managing agent.  This time slot allows the unit owner an opportunity to supplement the written document with an oral presentation and respond to board members questions and requests for clarifications.  d) With the conclusion of the 15 minute slot, the unit owner will be excused from the meeting.  The board will typically issue a decision/opinion on the appeal in writing within 30 days of the meeting.   

      In this case, the written appeal provided by John Mangione (3-A) requested an audience with the Board to discuss the current arrears balance of his common charge account.  No additional details or documentation were provided for Board members to consider in advance of the meeting. 

      Meeting with the Board, Mangione indicated his belief that his balance was an accumulation of unpaid fines and late fees for non-payment of the fines.  While not denying any of the incidents that resulted in fines or providing any mitigating circumstance or apology, he expressed his opinion that Highview Condominium II did not have the right to fine him for the offenses.  Concerning the amount of the noise violation fines, he claimed that according to the Building Rules & Regulations, a unit owner can only be charged the elevated fine for a repeat violation when it occurs within six months and that although he had previous noise warnings and subsequent fines, they were outside the limits of the six month rule and accordingly he did not qualify for the large building fine reserved for a chronic or repeat offender.  The website was called up in order to clarify his claim of a "six months" rule and no such limitation was found in the rule. 

      It was noted by the Board that in the case of each fine imposed upon him from multiple late-night noise complaints, the violation was documented by a combination of the building super and Board members to assure reasonable fairness.  In the case of at least one late night incident, Mangione was contacted after 1:00 a.m. and asked to turn down his stereo, but indicated he would not do so. 

      In reviewing Mangione's history and the possibility of any misunderstanding, management noted that Mangione's file includes a number of noise violation warning letters over the years, subsequent fines (paid) for additional noise violations that followed the warnings; in addition to fines (paid) for disruptive behavior and vandalism, and the cost of repairs for documented building damage including broken light fixtures in the lobby, a stairwell fire door, the elevator control panel, and destruction of the building's exterior litter container by twice throwing it through the air at a fellow resident.  An appeal concerning Mangione's behavior was made by first floor residents at an annual meeting and Board action was requested by the residents; noting police being repeatedly summoned to the building by 911 calls and repeated late night hallway confrontations involving a first floor resident.  Most recently, the building's management reported a confrontation in their Richmond Avenue office witnessed by several Wentworth office staff who indicated that Mangione had made personal threats of violence against their agent.  It was also noted that Highview security video was subpoenaed by a first floor resident as evidence in the issuing of an order of protection against Mangione.  It was again noted that to assure fairness noise violations are documented by the building super, multiple residents; and vandalism/damage to the building is documented by a combination of written reports of multiple resident/witnesses and security video footage.   

      With the conclusion of Mangione's presentation, the unit owner was advised that his appeal will be reviewed and a written response provided by mail.  He was then excused from the meeting. 

7)   Clean-out of super's apartment:  Arzano indicated that Chris Brighina has not returned his set of master keys to the building and he moved out of his apartment prior to December 31st, his apartment still contains some household items.  Arzano will have porter clean out apartment so it can be shown to prospective super candidates. 

8)   Summary review of meeting's action items:  On account of the extended agenda and unit owner appeal, final review of the action items did not take place. 

9)   Donald LaPalme announced his resignation as Board president:  He will remain as a member of the Board until he can sell his unit.  As Vice President, Nora Colford assumes the role of president. 

The meeting was adjourned at approximately 9:00 p.m 

-          Minutes submitted by Robert Boynton, Secretary.