Monday, December 10, 2012

October 23, 2012 Minutes of ECA Board


THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815

Minutes of Board of Directors Meeting   October 23, 2012

Board Present:
Ted Ariev                        President
David Robinson..............Vice-President
John McNerney ............  Treasurer
Herman Stekler .............  Asst. Treasurer..................
Ilo-Mai Harding............... Secretary
Charles Bressler                Director
Steven Schattman ............Director

Others Present:
Bill Perry ..........     .....Regional Director, Legum & Norman
James M. Santos .........ECA General Manager, Legum & Norman
Jana Bowcut ...............ECA Recording Secretary, On the Record



On September 19, in accordance with Section 11.109.1 of the Maryland Condominium Act, the Board met in executive session.

Call to Order:  Mr. Ariev called the meeting to order at 7:34 p.m.

Approval of Meeting Minutes:
MOTION         Mr. Schattman moved, Mr. Bressler seconded that the amended minutes of the meeting of the board of directors on September 19, 2012 be approved.  The motion passed unanimously (7-0-0). 
 
President’s Report:
Mr. Ariev reviewed a financing plan for the maintenance, repair and replacement program. Board members, Management and Walter Mendoza met with Joe Felton of Montgomery County Dept. of Permits in the past week to discuss the fire protection agreement. An attorney will draft the agreement and a consulting engineer is providing the minutes of that meeting. Mr. Santos will present a services agreement with Mr. Mendoza. Mr. Ariev thanked the social committee for organizing the brunch held last Sunday, which had about 40 people in attendance. Mr. Ariev further thanked Ms. Powell for her contributions to the Elizabeth and for helping with the brunch.  

Mr. Ariev stated that Jim Rich will replace Joan Rosenbach as Energy Committee Chair. Mr. Rich will investigate issues such as solar and other alternative energy systems.  

Treasurer’s Report:
The amounts included herein are rounded to the nearest $1,000.  As of 30 September, the Association had $2,806,000 in cash and investments, an increase of $206,000 from the prior month.  The Replacement Reserve Fund at the end of September was $2,295,000, an increase of $121,000 from the prior month.

Expenditures from the Reserve Fund in September totaled $4,000. The amount expended from that Fund so far this fiscal year is $57,000.  Delinquencies through the end of September were $58,000. Six accounts are in collection, including two that are in bankruptcy.  Copies of the Balance Sheet and Statement of Income and Expenses as of 30 September are available at the front desk.
Respectfully submitted:  John C. McNerney

Management Report:

Mr. Santos stated that the current work order delinquency is $946.50 of which $634.50 is at or greater than 60 days. He also provided updates on the following building operations:

1)    The structural engineer, Wiss, Janney & Elsner has selected a contractor for inspection/repair in the penthouse and 2 water intrusion matters. 

2)    Approval is needed from the Board to replace a roof exhaust fan. 

3)    A request has been made from a private school to use the indoor swimming pool for a physics experiment. A student who lives in the building recommended the building pool.

4)    A response from the Public Service Commission (PSC) was received, which Mr. Santos did not find satisfactory. Mr. Santos has appealed their findings, with supported consumption history and requested for money to be refunded to the Elizabeth. Mr. Santos also requested that the meter be replaced and monthly invoices be provided.

5)    Mr. Santos has requested that the hoist motor elevator work be postponed until after January 1, 2013 so as not to inconvenience residents during the holidays. 

6)    Residents have reported the work by Ecobeco to be positive. About 80-82 residents have participated in the program.

7)    Board action is needed on implementing the Maintenance, repair and Replacement Program and financing.

8)    Mendoza consulting engineers are developing a proposal for specifying 2 alternative fan coil units for every unit along with suggested contractors.  

9)    Board action is needed for the Mendoza consulting Engineers “Fire Protection Agreement” services.  

1) Position descriptions have been reviewed, with participation from management. Board approval is needed.

1) Tax return form 7004 has been filed from auditor, DeLeon & Stang.

Old Business: Board members were provided a resolution worksheet that shows the structural engineer identifying C.A. Lindman as a contractor to set up scaffolding for repairs. It will be most cost efficient to have the company do the repairs. The penthouse work will not exceed $20,000, and cost to repair water intrusion in two units is not to exceed $9,500. The cost of materials and mobilization is not to exceed $4,000.

MOTION        Mr. Schattman moved, Mr. Bressler seconded to approve C.A. Lindman, as identified by the structural engineer to make repairs on the penthouse and specified units. The motion passed unanimously (7-0-0).  

New Business:
Approval of Maintenance, Repair and Replacement Program Implementation and Financing Plans:
MOTION Mr. Ariev moved, Mr. Bressler seconded that the Project Implementation Plan (Doors and Windows in Three Years) and the Financing Plan (doors and windows in three years), both revised 10/18/12, attached, are approved in concept. The plans are based on Appendix D Capital management Plan included in the Elizabeth Condominium Condition Assessment prepared by Wiss, Janney, Elstner Associates, Inc. dated July 3, 2012 and the Table: Equipment life Expectancy and Replacement Costs included in the MEP Engineering Condition Assessment Report for the Elizabeth Condominiums prepared by Mendoza, Ribas, Farinas & Associates dated August 2012 and provided to the ECA as sections of the Executive Summaries and Condition Assessments publications dated July 16, 2012. Modifications have been made to correct errors, redundancies and format, to provide for the installation of the doors and windows in the first three years, and the Corridor Renovations to be completed in the fourth year. 
     
The contracts for design and engineering, and the construction of the tasks noted in the Project Implementation Plan must be approved by the Board as individual tasks, or may be assembled as a group of tasks, requiring related construction skills, at the discretion of the Board.

The Project Implementation Plan and the Financing Plan shall be considered in the preparation of the annual Operating and Capital Budget and will be reviewed by the Board annually at its membership meeting in May. The Project Implementation Plan may be modified consistent with the evolving capital needs of the Association, and the Financing Plan modified consistent with changes in the assumptions noted in the Financing Plan, i.e., the inflation rate, loan interest rates, loan terms, etc.

Mr. Ariev invited residents to comment prior to the Board voting:

-Jim Jones, Unit 307, encouraged the Board to move forward on the plan and thanked the Board.

- Joe Salcetti, Unit 319, stated that this work needs to be done and asked the Board to move ahead with the project.  

-Al Muller, Unit 411, thanked the Board for coordinating the project and financing. He also asked for the opinion of the treasurer and vice treasurer. 

-Jim Rich, Unit 301, thanked the Board for getting to this point, and asked for a snapshot of each board member’s opinion before or after the vote.  

-Pat Lawson, Unit 1619 asked if contractors will measure the windows since there are many different sizes. Mr. Ariev stated that measuring will be done, and the whole project will be a major effort.  

-Mr. Bamji, Unit 707, asked how long window and door replacement will take in each unit. Mr. Ariev answered that he cannot yet give an estimate, but as the work proceeds, the Board will report back.

-Peg Downey, Unit 615, expressed that it would be better to get the work done in three years instead of stretching it out. There will be substantial savings from having better windows and doors and better relationships in the buildings from having concerns addressed.

-Maurice Trebach, Unit 1407 asked if the work will be done by floor or tier. Mr. Ariev replied that is not yet known.  

-Alexander Kielty, Unit #1121, thanked the Board for taking on this task, and asked how the contracting process will proceed. Mr. Ariev stated that this will have to be discussed with the engineers as it will be a very complicated task. The Board will bring answers back to residents once it knows more.  

-Karren Alenier, Unit 301, expressed confidence in Wiss, Janney, Elstner Associates and encouraged the Board to move forward. 

The Board further discussed the motion. Mr. Schattman stated that he agrees in principle with the motion, but questioned some of the numbers. For example, $150,000 is allocated per year for 10 years for miscellaneous expenditures. This is a total of $1.5 million, which seems excessive. He suggested that if the full $150,000 is not used in a year, another $150,000 should not be appropriated for the second year. Mr. Ariev stated that the financing plan is an evolving document, and will change once loan terms are set. He further stressed that this is a guide, and if $150,000 is not spent, it will roll into the next year.  Mr. Schattman expressed concern that the Board will end up spending the available funds on unnecessary items. Mr. Ariev stressed that the Board will need to act responsibly to prevent this from occurring. Mr. Bressler expressed that it is a good idea to have extra funds available for unexpected costs.

Mr. Stekler made some additional points to consider about how proposals come to the Board. He suggested that:  
1) The Board should meet in open workshop to discuss the projects as outlined in various reports.
2) The Board should then determine the criteria for setting priorities.
3) The Board should prioritize the projects.
4) Highest priority projects should be implemented with the available resources.  
5) The Board should recommend to future boards suggestions for timing of projects.

Mr. Bressler stated that the Association attempted this when it paid for the Mendoza report 10 years ago, and no action was taken. Ms. Harding stated that this work has been discussed for many years, and it is time to stop discussing it or it will never get done. Dr. Robinson noted that a survey was sent to residents, which came back in favor of doors and windows being replaced first.

Mr. McNerney stated that if the work was stretched out beyond five years, the Association could probably do all of the work without borrowing money.  If renovation is accelerated, doors and balconies could be done in years 1 and 2, windows in years 3 and 4, and corridors in year 5. There would be an additional $285,000 in borrowing costs if the work is accelerated by one year. There are trade-offs to doing the work more quickly versus less expensively. The Board has looked at interest rates at three banks, which is around 4 percent. Rates are not expected to change in the next 3-4 years.

Dr. Robinson stated that he favors completing the work in 3 years.
 
The motion passed with Mr. McNerney opposed. (6-1-0)

2) Mendoza engineering proposal for Fan Coil Unit Specifications:
MOTION Ms. Harding moved, Mr. Schattman seconded to authorize Mendoza consulting engineers to provide specifications of replacement fan coil units for each condominium type, potential manufacturers, and qualified local contractors to perform replacements. The fixed fee of services will be $19,440. The motion passed unanimously (7-0-0).  

3) Mendoza Engineering Fire Protection Agreement:
MOTION Mr. Schattman moved, Ms. Harding seconded to authorize Mendoza consulting engineers to provide oversight  and consulting services for development of a fire protection agreement to be established with Montgomery County for purposes of providing an implementation schedule for life safety systems, not to exceed $4,500. The motion passed unanimously (7-0-0).  

4) Resolution to approve ECA staff position descriptions:
MOTION Mr. Ariev moved, Dr. Robinson seconded to approve the position descriptions for staff-lead building engineer, assistant building engineer, senior maintenance specialist, maintenance specialist, concierge and custodian. The motion passed unanimously (7-0-0).  

5) Roof exhaust fan:
MOTION Mr. Stekler moved, Mr. Schattman seconded to approve the removal of the failed exhaust fan of a single tier at a cost of $3,728. The motion passed unanimously (7-0-0).

6) Use of swimming pool by the Maret School:
MOTION Mr. Schattman moved, Dr. Robinson seconded to authorize the Maret School to use the indoor pool to test underwater remote robots. There are no parts that will contaminate the water, and it is estimated that 1.5 hours will be needed for each of 4-5 sessions. Management will require a lifeguard to be present, and the school will reimburse ECA. A waiver of liability will also be required. The motion passed unanimously (7-0-0).  

Mr. Stekler made motions with regard to amending the house rules focused on non-resident owners’ lease agreements. This included requiring leases to be for no less than 12 months, requiring owners to pay a fee of $100 every time a lease is filed in the management office, requiring rental units to be inspected by management at a cost of $25. These motions were not passed.

Committee Reports:

Bylaw Committee: A breakfast will be held on October 28th for absentee owners to discuss the revision of wording for the amendment. So far, RSVPs have been received from 10 owners.  

Energy committee: Jim Rich reported that small events were held to encourage residents to sign up for Eco Beco services.  

Exercise/Fitness Committee: Mr. Schattman provided an overview of the committee, comprised of himself, Robin Schattman, Jim Jones and Alexandra Kielty. There is no budget and no regular meetings are held. The committee monitors the condition of the fitness center and informs management when something breaks. Some older equipment is broken, and will be replaced when finances allow.  

Library Committee: surveyed the building to find residents fluent in other languages. There is now a foreign language section in the library.  

Making a Difference: A party is planned for November 16 for children ages 4-11. The children will decorate wrapping paper to use by residents on December 1 for the box party, when boxes will be filled with toiletries for the homeless. Last year 317 boxes were donated. Shoe boxes can be left at unit 615. 

Social Committee: A committee meeting will be held on Thursday, October 25th in the library. A Halloween party will be held on Oct. 31 for children up to age 13. A wine and cheese reception will be held on November 11 for new residents. The holiday party is planned for December 16th.

Newsletter: News items can be submitted for December. There will be no issue in January.

 Resident Comments:
-Jim Rich, Unit 301, complimented the Board on a good meeting. He also noted that he planted a container of mint outside, and all are welcome to it.  

-Joan Rosenbach, Unit 1517, noted that the energy committee will consider the possibility of changing from mass to individual metering to conserve energy. 

-Mr. Santos stated that he needs assistance with maintaining the Website. 

-Mr. McNerney addressed what to do with the maturing CDs. Since the Board voted to complete the windows and doors in 3 years, the Association cannot afford to tie up these funds. There are 2 CDs: $250,012 matures 10/31/12 with the Bank of India; $25,000 matures 11/2 with the Bank of Baroda.

MOTION Mr. Ariev moved that $275,012 be reinvested for a 12 month period with Morgan Stanley. The motion passed unanimously (7-0-0).

Adjournment:
The President adjourned the meeting at 9:30 p.m., with the Board to meet immediately after for an executive session, in concordance with section 11.109.1 of the Maryland Condominium Act.

The initial draft of the minutes, upon which these minutes are based, was prepared by Jana Bowcut of On the Record.

Respectfully submitted,
_____________________________________
Ilo-Mai Harding, Board Secretary

September 19, 2012 Minutes of ECA Board


THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815

Minutes of Board of Directors Meeting   September 19, 2012

Board Present:
Ted Ariev                        President
David Robinson..............Vice-President
John McNerney ............  Treasurer
Herman Stekler .............  Asst. Treasurer..................

Ilo-Mai Harding...............Secretary
Charles Bressler               Director
Steven Schattman ............Director

Others Present:
Bill Perry ..........     .....Regional Director, Legum & Norman
James M. Santos .........ECA General Manager, Legum & Norman
Lujuan Ott ...............    ECA Recording Secretary, On the Record


Call to Order: 
Mr. Ariev called the meeting of September 19, 2012, to order at 7:33 p.m.

Approval of Prior Meeting Minutes:
MOTION: Dr. Robinson motioned to approve the August 28, 2012, meeting minutes as amended. Mr. Stekler seconded the motion which was approved unanimously. 7-0-0

President's Report:
Mr. Ariev gave a follow-up to the workshop meeting presentation on the Capital Improvement program. The financial planning is just starting and should be completed over the next one or two months. Mr. Ariev reviewed the Wiss, Janney, Elstner implementation report. Mr. Ariev indicated that over the next month, the Board will:  start the design, hire engineers for high priority projects and address immediate action projects.  The most critical action issues for the Board's consideration at the next Board meeting will be the implementation concept, the financing plan, hire the engineers for the high priority projects which include fire alarm and fire protection, sliding doors and windows, balcony repairs and procurement documents for fan coil units.  Immediate action projects for the Board's consideration at the next meeting will include the arcade and west driveway canopies’ cost to repair, roof anchors and management office space.  Mr. Ariev asked for comments, and Mr. Stekler stated that the aforementioned process has not been acted upon by the Board and will be reviewed and discussed at the next Board meeting. 

Treasurer's Report:
Mr. McNerney indicated the amounts included herein are rounded to the nearest $1,000.  Mr. McNerney reported as of August 31, 2012, the Association has:
·      $2,600,000 in cash and investments, an increase of $63,000 from the prior month;
·      $2,174,000 in the Replacement Reserve Fund, an increase of $80,000 from the prior month;
·      $46,000 total expenditures from the Reserve Fund in (amount expended from the Fund year-to-date is $53,000); 
·      Delinquencies increased to $61,000 with six accounts in collection including two that are now in bankruptcy. 
Copies of the Balance Sheet and Statement of Income and Expenses for August 2012 are available at the front desk. 

Management Report: 
Regional Director: Mr. Perry referenced the Balance Sheet and noted there are four CDs maturing: one on November 2, 2012, from the General Operating Reserves, and three from the Replacement Reserves: two maturing at the end of November 2012 and one at the end of October 2012. 

General Manager's Report:  
MOTION:  Mr. Schattman moved to authorize Mulheron Tree Experts to perform snow plowing and/or snow removal services for the period November 15, 2012, to April 15, 2013.  Hourly prices are $232.00 for snow plow and $175.00 for application of ice melt to driveway ramps, entrance circle and East lot.  Mr. McNerney seconded the motion which was approved unanimously.  7-0-0

Committee Reports:
Making a Difference Committee:  Ms. Downey reported upcoming dates:  The annual Box Party is scheduled for the afternoon of Saturday, December 1, 2012; and the children's party, in preparation for the annual Box Party, will be Friday, November 16, 2012, after school.  Contributions of such items as knit scarves and/or hats, gloves, toiletries for men and women and children's underwear and empty shoe boxes may be given to Peg Downey, #615, at any time. 

Bylaws: Mr. Bressler thanked those who have returned the form and invited those who have not to give their approval or disapproval.  An upcoming breakfast meeting will be organized on a Sunday at 10:00 a.m. for absentee owners.

Energy Committee:  Chairwoman Joan Rosenbach reported that the installation of energy saving devices by ECOBECO will begin the week of October 22, 2012.  Ms. Mathias of ECOBECO will return to The Elizabeth for a meeting on Tuesday, October 9, 2012, at 7:30 p.m., in the West lobby. Information about light bulbs, faucet aviators and smart power strips, at no cost to the owners, will be reviewed.  Volunteers are needed for the tentative dates of October 17 or 18, at 6:00 or 7:00 p.m., and on October 21 to distribute ECOBECO brochures and information.

Social Committee:  A brunch is scheduled for October 21, 2012, and RSVPs should be deposited at the front desk. A Halloween party is scheduled for October 31, 2012, for resident children and grandchildren, which will be held in the West lobby. A reception for new residents is scheduled for November 11, 2012, to be held in the West lobby. The Social Committee welcomes new volunteers and new ideas. 

Library Committee:  Chairwoman Diana Brosnan reported the committee is requesting expansion of the library shelving.  Many books and collections are being declined due to a shortage of library shelf space.  The committee is requesting the Board authorize the purchase and installation of three 40-inch wide bookcase cabinets to be located in the niche in the East wall of the library area in the West lobby; the he management office is to solicit bids and coordinate the purchase and installation with the total cost not to exceed $3,000. Mr. Ariev held the aforementioned item in abeyance until later in the meeting.

Landscape Committee:  Committee member Tobi Esler reported that Chairman Jim Rich resigned and was replaced by Chairwoman Linda Kontnier.  The fall annual plantings and the bulbs for the spring have been chosen for the front circle and the side planters. Some plants in the front of the building have not done well and replacements of said plants are expected per the Ruppert contract.  The committee recommends to the Board to proceed with the planting of the rear garden as per the Master Plan. Later at this meeting management will present an action item for this project.  Mr. Ariev held the aforementioned action item in abeyance until after pending action on the bookshelves. 

Open Discussion - Library Shelving: 
A resident commented that the shelving should not be of a different material and color but should be the same as the current design and material and be, if possible, purchased from the same manufacturer that was used for the existing shelving.  Two residents indicated support for the additional shelving.  A library committee member commented that for lack of space, books have had to be eliminated and more space is needed to get back to previous capacity.  A resident commented that wood shelves would be appealing.  There were no additional comments.

MOTION:  Ms. Harding moved, and Dr. Robinson seconded, to authorize the purchase and installation of three 40-inch wide bookcases cabinets in the niche of the East wall of the library area in the West lobby.  The bookcases are to be the Jasper 2000 System.  The management is to solicit bids and purchase and coordinate installation with the total cost not to exceed $3,000. The motion did not succeed 3-3-1 (Against: McNerney, Schattman and Stekler, Bressler abstained.)

MOTION: Ms. Harding moved, and Dr. Robinson seconded, to authorize Ruppert Landscape to continue with the landscape renovation as per the approved Master Plan and the ECA committee recommendations.  The area involved is the raised planters at the North side of the terrace (the party room access) the cost of removal of declining plants, transplanting existing material and installing new plants is $8,197, which includes a $1,512 option to remove a declining tree and two shrubs and install two new ornamental trees. After discussion, Mr. Stekler moved, and Mr. Schattman seconded, to table the aforementioned Ruppert Landscape motion. The motion was tabled and confirmed. 6-1-0 (Ariev voted against tabling motion.)

Resident Comments:
A resident inquired why there will be a breakfast only for absentee owners.  Mr. Bressler indicated the absentee owners have specific concerns and that there will be other opportunities to become informed for the resident owners. 

A resident suggested the absentee owners who do not attend the breakfast receive information as well.

A resident thanked Mr. Ariev for the presentation explaining the Capital Improvement Program.  The resident inquired whether the Board has a mechanism to recoup the expenses for furniture and trash removal left when units are vacated.  Mr. Santos indicated the Association pays for the trash removal, and he has been trying to educate the vacating residents and contractors to remove their debris.  Mr. Santos described the move in/out fee schedule; Mr. Stekler suggested the Board review the fee schedule at the next Board meeting. 

A resident inquired about the temporary or permanency of the hair salon sign.  Mr. Santos commented that an amendment to the bylaws in the land records revealed that there was a negotiated agreement giving control of the aforementioned sign to a small group of commercial owners.  The new hair salon owners installed a sign with management approval; subsequently, it was removed due to a complaint from one of the commercial owners. The salon owners were fined by the cosmetology licensing authority for not having an appropriate sign; the board representative then allowed a temporary banner to be installed.  The Board is negotiating with the benefited owners for control of the sign.

There was some discussion among the Board members about financial loan fact finding prior to the next Board meeting.

Adjournment:
The President adjourned the meeting at 8:50 p.m.  The initial draft of the minutes, upon which these minutes are based, was prepared by Lujuan Ott of On the Record.

Respectfully submitted,

______________________________________________________
Ho-Mai Harding, Board Secretary