Tuesday, January 25, 2011
Summary of Jan 19, 2011 Elizabeth Condo Board Meeting
Renovation. Furniture is coming this week Jan 25-27. Tues-Thurs. some inconvenience with elevators. Staging area is party room.
Audit Report. Auditors had to change the audit report presented last month. They used an estimated 2010 amount from PEPCO. When the actual number was established, it was double the amount. This reduces homeowner equity.
Security. Fob will be phased in, one floor at a time. 2 per apartment or buy extra at $10. Some doors need to be worked on, not all completed. Key pads for arcade will stay in place.
ECA working session on January 31 at 6:30 pm. 5-year plan and prioritizing building improvements. There will be no participation from the floor.
Marble Floors Restoration. Need special maintenance process done after furniture installation
Delinquencies. Discussion of collection fees procedures. Delinquencies being worked on with some success.
Hazardous Waste. House Manager Jim Santos says we have a collection of paint cans for example and he wants to hire a company to remove such hazardous waste. He got name of company through a recommendation.
Pipe Cleaning. 3 apartment tiers in The Elizabeth need pipe cleaning relative to water backup problems. Board gave approval to proceed.
Canopy in Front of the Building. Discussion but no action due to cost and various issues that do not solve problems of bad weather and cars discharging passengers.
Projects under review by house manager:
1. Arcade stairwell painting (2 proposals in hand)
2. Garage painting at egress points (2 proposals in hand)
3. HVAC 4-pipe reactivation (2 proposals in hand)
4. Garage fan replacement (2 proposals in hand)
5. Garage door operation/maintenance (adding key fob reader)
6. Fire alarm panel upgrade
7. Fire alarm code compliance for commercial owners
8. Energy conservation
9. Management office/front desk networking
10. Staffing duties, performance
11. Residential Directory (98% complete)
12. Reactivation of newsletter
13. Introduction of website into management opera
Website: discussion about how there is no package notification capability
December 2010 Minutes of ECA Board Meeting
4601 North Park Avenue
Chevy Chase, MD 20815
Minutes of Board of Directors Meeting December 20, 2010
Board Present:
Dr. Alfred Muller .........................Vice President
Monique Fridell ...........................Treasurer
Molly Frantz ...............................Assistant Treasurer
Charles Bressler ...........................Secretary
Judith Barth ................................
Board Absent:
Alexandria Kielty .........................President
Seth Levine .................................Director
Others Present:
Scott Murdoch ...............Community Manager, Legum & Norman
James M. Santos ...........ECA General Manager
Jana Bowcut .................Recording Secretary, On the Record
Call to Order: Dr. Muller called the meeting to order at 7:30 p.m.
Announcements: Dr. Muller stated that Ms. Kielty asked him to conduct the meeting in her absence. Dr. Muller reported that a resident was recently struck by a car behind the Community Center. She is stable and is at Suburban Hospital. He advised residents to be careful. A New Year’s party will be hosted by the Village Council from 2:00 to 3:30 p.m. Dr. Muller thanked the staff who decorated the lobby for the holidays, despite not having furnishings in place. He noted the three staff members who have worked at the Elizabeth for 35 or more years -- Cynthia Edwards, Hollis Alleyne and Jimmy Keating -- and remarked that their dedication will be recognized formally when Ms. Kielty returns. A successful “Box” party was held on December 4, 2010 where toiletries were gathered and packaged for the beneficiaries of the charity So Others Might Eat. Residents may contribute to the holiday fund for staff until December 23, 2010. Dr. Muller also thanked the Social Committee and Ms. Barth for a successful holiday party held on December 19, 2010.
Approval of Minutes:
MOTION
Mr. Bressler moved, Ms. Fridell seconded, to approve the November 15, 2010 regular meeting minutes as amended with one correction (Ms. Frantz noted that on page 29 the first full paragraph should read “expenditures exceeded income by $241,000”). The motion passed with one abstention by Ms. Barth (4-0-1).
Treasurer’s Report: Ms. Fridell introduced Tracy Geiger and Josephine Laleye from DeLeon & Stang, CPAs and Advisors to provide an overview of the audit for fiscal year ending June 30, 2010. The audit was deemed to be unqualified (favorable). Delinquent assessments increased, mostly due to past due fees from one particular owner. Overall, delinquencies stood at 1.3 percent of annual assessments as of 6/30/10, which is favorable compared to the industry standard. The Treasurer and volunteer residents did a lot of valuable work going through accounting records and clearing fully depreciated assets from the fixed asset schedule. Net income of $120,000 in the Operating Fund, which is about three percent of annual assessments compared favorably to last year’s loss of $120,000, mainly due to a decrease in repairs/maintenance costs by $250,000, a decrease in courtesy patrol/security costs of $70,000, and a decrease in utilities which were about $80,000 under budget. The professional management fee for Legum & Norman was $90,000 and is reflected in a new line item expense on the income statement. The overall operating equity of the community is about 22 percent of annual assessments, which falls within the target of 20 to 30 percent.
Dr. Muller noted that the decrease in utility costs can be attributed to the efforts of the Energy Committee, which is chaired by Joan Rosenbach.
Ms. Geiger asked if there were any questions about financial management or the auditors’ findings from Board members or residents present in the audience. There were no questions. MOTION Ms. Fridell moved, Mr. Bressler seconded, to approve the audited financial statements for fiscal year-end June 30, 2010. The motion passed unanimously. Ms. Fridell asked that Management proceed immediately to send the approved FY 2010 audited statements to the printers so that they could be distributed to owners by 1/31/11.
Old Business:
Lobby Renovation: Mr. Murdoch noted that the chart in his Management Report reflected the fact that design fees incurred on the refurbishment project now exceed the original estimate by $6,000. Ms. Fridell expressed concern about this given that the Board had passed a motion that design expenses paid to Hartman Design Group would not exceed $250,000. Ms. Barth stated that there is little work remaining, principally the final walk through and sign-off. Ms. Fridell requested that the Hartman Design Group provide an estimate of how many hours worth of work are remaining. Ms. Barth stated that placement of furnishings will require two days of HDG time, and probably another half of a day for the final sign-off. Dr. Muller suggested talking to HDG to see if there might be some negotiation possible regarding the invoices for the last part of the refurbishing project.
Ms. Frantz asked about a numerical discrepancy between two charts in the Management Report regarding the design fees. Ms. Frantz requested that in future tables for cash management and planning, there be an additional column for “funds required to complete project” so that it could be clear which amounts were still estimated to be paid and which amounts were over budget.
Emergency Generator: Mr. Murdoch stated that the project is complete, and has been signed-off. The generator is in operation and is run for 30 minutes every Wednesday morning. The generator project was budgeted for very carefully, but unfortunately ran significantly over-budget due to Montgomery County Code Compliance issues, additional engineering time required to redesign the air intake and relief duct equipment.
New Business:
Collections Procedures: Ms. Fridell stated that although the auditor was not concerned about ECA’s delinquency rate of 1.3 percent, she is concerned about the tripling of delinquencies since L&N assumed financial management and felt that Management needs to be more proactive and assertive in managing collections. In a memo to L&N dated 11/21/10 she proposed as a formal objective to the Board and Management that ECA restore its historically lower delinquency amounts and requested that Legum & Norman review the collections process and take the following actions: 1) Report on each delinquent case in greater qualitative and quantitative detail, documenting dates, contacts, situational information. 2) Provide a memo to explain whose responsibility it is to perform day-to-day collections responsibilities and to serve as liaison with Lerch Early. 3) Make recommendations to the Board as a delinquency nears the 60 day past due point when a case needs to be turned over to counsel for legal action, per ECA Collections Policy. 4) Confirm in writing that all L&N personnel involved in collections activities have read and understood ECA Collections Policy.
On advice of the Association’s legal counsel, Lerch, Early & Brewer, Ms. Fridell recommended eliminating the courtesy demand notice that is sent by Lerch Early, as such a letter would have already been sent at least twice by ECA itself. She remarked that this is what many condo associations are doing to accelerate the collections process and reduce legal fees. Instead, legal counsel would immediately send the delinquent owner Notice of Intent to Create a Lien. Ms. Fridell stressed that owners who may be experiencing hardship in paying their assessments should contact Management as soon as possible.
MOTION Ms. Fridell moved, Ms. Frantz seconded to eliminate the courtesy demand notice sent by Lerch, Early & Brewer to owners who are over 60 days delinquent in condominium fees. The motion passed unanimously.
MOTION
Ms. Fridell moved, Mr. Bressler seconded to set a goal (excluding the balance of a current large delinquency case) to lower delinquencies to $20,000 or below by June 30, 2011. The motion passed unanimously.
MOTION
Ms. Fridell moved, Dr. Muller seconded to pay a bonus to those employees whose collections efforts/actions result in achieving the target goal of lowering delinquencies to $20,000 or below by 6/30/11. Mr. Bressler stated that the Association already pays employees for this purpose and that a bonus will not make delinquent owners any more responsive. Ms. Frantz stated that bonuses can serve a good purpose, but feels that progress is already being made since Ms. Fridell’s memo to L&N in November and that a bonus is not yet needed. Dr. Muller suggested tabling this discussion to the next meeting when additional board members are present. The motion did not pass.
Items Requiring Board Endorsement:
-Valve Replacement: Mr. Santos stated that the Washington Suburban Sanitary Commission (WSSC) discovered two valves that no longer operated properly. These valves would not close allowing water to be controlled during the backflow preventer code compliance project. The valves were original equipment and inoperable, therefore requiring replacement. These repairs were identified as desirable in the Mendoza report.
MOTION
Mr. Bressler moved, Ms. Fridell seconded to endorse the proposal from Poole Mechanical Corporation for $2,980.00 for valve replacements. The motion passed unanimously.
-Replacement copper pipes: The piping for large water supply lines was corroded and had to be replaced to complete the backflow preventer project. This was not cited in the Mendoza report, but can be done now as Management would have recommended this project in the HVAC renovation master plan.
MOTION
Ms. Frantz moved, Mr. Bressler seconded to endorse the proposal from Poole Mechanical Corporation for $7,520.00. The motion passed unanimously.
-Replacement of aluminum ventilation louvers: Five ventilation louvers were obstructed and had to be replaced.
MOTION
Ms. Frantz moved, Ms. Fridell seconded to endorse the proposal from Macon Metal for $2,440.00 for the replacement of aluminum ventilation louvers. The motion passed unanimously.
-Bulk Trash Removal: Management and staff have been working on cleaning debris and old items from many areas in the building. Through coordination with the HBW Construction Group, bulk trash dumpsters were brought on site to dispose of these items.
MOTION Ms. Frantz moved, Ms. Fridell seconded to endorse the proposal from HBW Construction Group for $3,660.00 to provide labor, supervision and trash containers to remove the bulk debris stored in common areas around the building for the past 30 years... The motion passed unanimously.
-Planet Aid: Mr. Santos stated that Planet Aid contacted the Elizabeth to see if there was interest in installing their donation containers on the G1 level. There is no cost to the Association, and the bins are cleaned out regularly and may be removed with a 30-day notice. Ms. Frantz presented her research that the American Institute of Philanthropy does not rank this organization highly, and suggested that other alternatives be explored. Mr. Santos said he would review this further. Ms. Frantz offered her assistance in identifying some other possible organizations.
Ms. Fridell expressed concern that the above endorsement motions represent about $16,000 worth of expenditures authorized Management without prior Board approval. She offered that for the sake of efficiency the Board could grant advance signing authority to Management up to a certain dollar amount. She asked Management to propose an amount for the Board to consider.
Environmental Solutions, Inc. (recommended by HBW) conducted air quality tests in the party room, based on concerns about air quality in common areas. No health or environmental risks were found. Ms. Fridell inquired why tests were only done in the party room. Mr. Santos explained that that is the only common area that is enclosed and would provide a reliable reading. Air transfer in other common areas would result in a greater margin for error.
Mr. Santos stated that the brass plates around the call buttons for the elevators on the lobby level in both the east and west towers are original and will be replaced.
Mr. Murdoch praised the efforts of Mr. Santos in coordinating the work of the contractors throughout all of the renovation and improvement projects, while being considerate of the comfort of the residents. Board members and residents agreed and thanked him for his work.
Ms. Fridell inquired when projected reserve expenditures/projects would be discussed by the Board. Mr. Murdoch stated that a work session will be scheduled in January. Mr. Santos is preparing a master planning document that will outline all these items and include cost projections. Management will distribute this information to Board members prior to the work session.
Ms. Barth expressed her desire to see greater professionalism reflected in the uniforms of front desk employees. Mr. Santos stated that he will soon be making recommendations to the Board regarding male and female dress codes.
Ms. Barth also inquired about the Board’s previous discussions/concerns about allowing only licensed contractors in the building. Mr. Santos stated he plans to edit the Board’s previously provided comments on Management’s proposed Contractor Policy and to provide a second draft to the Board for the January meeting.
Mr. Bressler expressed concern about the new filing and organizational system for the staff behind the front desk. Mr. Santos stated that the system has not been in place for long, and that time should be given to see if it works. The plan will be amended if needed. Ms. Fridell asked that Mr. Santos emphasize to staff that they need to be accurate in placing items in the correct folders for each unit. Ms. Barth added that much design effort went into streamlining the front desk and providing more package space. The previous bulky wooden cubby-hole cabinets were removed to provide more space for the package room and business center.
Committee Reports:
Energy Committee: No report.
Library Committee: No report. Mr. Santos stated that the committee will review books on Wednesday and will begin placing them on the shelves.
Exercise Committee: No report.
Floor Representatives Committee: No report.
Social Committee: The holiday party was a great success with almost 300 residents in attendance. The annual box party was held on December 4, 2010, and 268 boxes with hats, scarves, gloves and toiletries were collected for contribution to beneficiaries of the charity So Others Might Eat (SOME). Peg Downey, the sponsor and organizer of the Box party, would like to expand the project in the future.
Landscaping Committee: The committee held its first meeting with Ruppert Landscape last week to discuss ideas for the landscape master plan. Ruppert will share its proposed design in January.
Open Comments:
A resident expressed disapproval of the petition that is circulating among residents criticizing the refurbishment process. She stated that the money for this project had been set aside for five years and that the cost of refurbishment is not responsible for the Association’s current financial state. She added that several past boards were reluctant to raise condo fees, resulting in potential under-funding of reserves. . Previous statements regarding the fire-rating and integrity of apartment doors were corrected.
Another resident explained the rationale behind the petition that has been circulating throughout the community. A number of residents are concerned about the way decisions were made about the refurbishment and are worried that the upcoming plans to refurbish the hallways of both towers will dwarf the costs of the lobby. Currently 68 individuals representing 58 units have signed the petition, representing 15.12 percent of the Association’s membership. He expressed concern about Hartman Design Group (HDG) performing the next stage of refurbishment work, and considers the firm’s fees to be too high. The petition calls for a restructuring and expansion of the membership of the refurbishment committee to include three new members.
Former Board president, Mr. Cunningham, complimented the Board on the near completion of two major projects – the lobby renovation and the emergency generator -- and also praised Mr. Santos’ project management skills . Mr. Cunningham stated that the cost of these projects was provided for and published in several five-year plans, with the exception of the unexpected budget excess for the emergency generator. He also noted the sound financial statements and recommended that some clear project priorities should be set for the future given the size and scope of upcoming projects.
Dr. Muller announced that a new snow blower has been purchased.
A resident stated that in his opinion the lobby area is very cold and the space heaters that staff are using are dangerous. Dr. Muller replied that Management had received opinions to the contrary, noting that it is difficult to please everyone. The resident stated that a wall with a sharp corner near the west elevators has been damaged and repaired several times, and something is needed to prevent recurrence of the damage. The resident also suggested putting glass inserts in the cabinet doors of the library so that books can be visible.
-A resident expressed his satisfaction with the lobby refurbishment and considers that his condominium fees are being used appropriately. He added that the trend of increases in condo fees seemed reasonable.
Adjournment
The President adjourned the meeting at 9:30 p.m.
The initial draft of the minutes, upon which these minutes are based, was prepared by Jana Bowcut of On the Record.
Respectfully submitted,
Charles Bressler, Board Secretary
Friday, December 31, 2010
Accomplishments in 2010
Completion of the physical Lobby Renovation Project
Even if certain aspects of the project aren’t to your taste, you have to appreciate that:
--Traffic flow on the lobby level was seamless.
--Work areas were kept clean.
--Residents were mostly unaware of the day-to-day issues.
--Our property values are on the way up.
Mendoza Rivas Engineer Study & Recommendations
--Finally no one has to convince anyone that windows, balcony doors, McQuay units have to be replaced as soon as possible.
Installation Emergency Generator
--a hard job that inconvenienced few people.
Completion of Landscape Master Plan
--We have one contractor who will do a professional job for all aspects of our landscaping. Look for results in the spring.
Regular Inspections of the Building
--House manager Jim Santos is quietly working behind the scenes to save us money by correcting old problems and addressing issues before we get citations.
Tuesday, December 28, 2010
Summary of December 20, 2010 Elizabeth Condo Board Meeting
Audit Report:
Audit report ending on June 30, 2010, was approved as an “unqualified” audit which the lead Deleon & Stang representative explained was good.
Delinquencies:
Monique Fridell reviewed delinquency procedures that she recommended. She raised various questions:
--How long has the delinquency been overdue?
--Is this a hardship case or a bounced check?
--Who is responsible for collecting the overdue money?
--When should the case be turned over to legal counsel?
Recommendations included:
--Avoid delay in notice of intent to create a lien by cutting out courtesy letter from legal counsel.
--Advise owners that it is their responsibility to communicate with the ECA in the case of hardship so something can be worked out to avoid legal action.
--Give bonuses to employees for successful collection of fees due from delinquent owners.
Renovation:
Physical renovation of the lobby is complete. (Furniture on order.) Design fees exceeded budget by $6000.
Backflow prevention project: An unexpected set of expenditures (just under $13000) to address a citation issued by the Washington Suburban Sanitary Commission against the ECA. plumbing code requires a potable water supply to be protected from contamination by non-potable water, gases and solids. backflow preventer is a device installed on the pipes carrying drinkable water to prevent a "crossover" from other water which is non-drinkable. In other words, this device prevents water from our central plant (for heating and cooling) to blend with water going to residents, showers, kitchens, etc. This might happen if only there was a catastrophic failure in our plumbing system where negative pressure sucked water from the central plant into our domestic water supply; but a device is required. The backflow preventers must be inspected annually by WSSC and a licensed plumber. In the case of The Elizabeth's violation, three new backflow preventers were required for the boiler/cooling tower systems and a replacement to an existing device was needed.
Clean up projects: To avoid a Fire Marshall citation, 35 years of debris that had to cleared out of various places in the building but mostly the garage required an extra expenditure of $3660. Recommendation from our general manager to install a Planet Aide give away bin in the building but Molly Frantz suggested there were better organizations to use and asked Santos to look into that.
Concierge dress code was discussed.
Lobby level library set to reopen in December.
Social Committee:
300 people attended the holiday party.
Comments from the floor:
One owner expressed unhappiness with the renovation and asked for changes in who sits on the renovation committees as it pertains to the hall renovations. Judi Gann provided additional insight into the process of the lobby renovation. [Some of these pro and con discussions can be seen on this blog.]
Former ECA president Woody Cunningham expressed praise for the outstanding work done by Jim Santos during his short tenure here.
November 2010 Minutes of ECA Board Meeting
4601 North Park Avenue
Chevy Chase, MD 20815
Minutes of Board of Directors Meeting November 15, 2010
Board Present:
Alexandria Kielty .........................President
Dr. Alfred Muller .........................Vice President
Monique Fridell ...........................Treasurer
Molly Frantz ...............................Assistant Treasurer
Charles Bressler ...........................Secretary
Seth Levine .................................Director
Board Absent:
Judith Barth ................................Director
Others Present:
Scott Murdoch ...............Community Manager, Legum & Norman
James M. Santos ...........ECA General Manager
Jana Bowcut .................Recording Secretary, On the Record
Call to Order: Ms. Kielty called the meeting to order at 7:30 p.m.
Approval of Minutes:
MOTION Dr. Muller moved, Ms. Fridell seconded, to approve the October 18, 2010, regular meeting minutes as amended. The motion passed unanimously.
President’s Report: Ms. Kielty stated that a community meeting was held last night to discuss protocols for use of the refurbished lobby common areas. Many residents attended the meeting and provided what Ms. Kielty considered valuable feedback.
Ms. Kielty thanked those who donated funds for a contract employee who lost her son. About $5,000 was collected. A special thank you to Elin Winthrop and Peg Downey who managed the donations, performed the necessary administrative effort to secure the funds and presented the gift.
Treasurer’s Report: Ms. Fridell reported that DeLeon and Stang delivered the draft audited financial statements on November 12, 2010. The draft audit and attachments will be reviewed and comments will be given to the accountants within the next few weeks. The audit manager from DeLeon and Stang will attend the December board meeting.
This year’s Management Letter to the Board cites several issues that Ms. Fridell has been raising over the last few months, which include:
• The auditor was concerned about the increase in delinquencies and advises the Association to improve its collections efforts.
• DeLeon and Stang cited the miscoding of invoices leading to the account posting errors that Ms. Fridell and Mr. Murdoch have been working to correct.
• There is a promptness issue relating to the reimbursement transfers from the operating to the reserve funds.
Ms. Fridell stated that there are some general financial trends of which the Board should be aware. First, at the end of the 6/30 Fiscal Year, on a draft basis, there was a combined net loss (expenditures exceeded contributions to reserve fund) of $241,000 mostly due to the spending from reserves on the lobby refurbishment project. There was also a 19% increase in total expenses from the previous year. This month for the first time, the Association’s reserve balances dropped below the one million dollar mark, which was projected, but which requires careful monitoring.
Second, Ms. Fridell expressed concern about the increase in delinquencies, which have tripled since June 2009. Almost half of all uncollected fees are from one owner. Ms. Fridell repeated her previous statements that the Board needs to make an effort to be cost-conscious and be aware that the reserves are earning very little interest.
Old Business:
Lobby Renovation: Mr. Santos reported that he will review a punch list with Hartman Design Group and HBW Group to identify items that need to be touched up. The public restrooms behind the post office boxes are in working order, and the front desk staff is expected to return behind the new front desk in the coming week.
Emergency Generator: Mr. Murdoch stated that testing is scheduled for the coming week. The project is nearing completion, possibly by the week after Thanksgiving assuming the tests pass this week.
Mr. Murdoch discussed the impact that the growth in costs of these two projects is having on the year end and reserve fund balance. There have been many issues that have increased the cost of the lobby project. The cost of the generator project grew by approximately $90,000, and the lobby project grew by approximately $120,000. Mr. Murdoch’s management report included updated projections of the reserve fund balances. On July 1, 2010 the beginning balance of reserves was $1,669,000. After adding the individual owners’ monthly contributions for fiscal year 2010-2011, then deducting the approved expenditures for the lobby renovation, emergency generator replacement and projected expenses from the five-year reserve expenditure plan, the projected balance by the end of the 2010-2011 fiscal year will be $463,253. Looking forward, Mr. Murdoch added that the Association should consider decreasing spending and increasing savings for a period of time.
Dr. Muller, referring to page 4 of the management report, asked whether the figure for furnishings and fixtures under lobby renovation costs should be increased from $326,000 to $350,000. Ms. Frantz answered “no” because $25,000 was removed for audio visual costs and placed in a separate line item. Ms. Kielty stated that the vote in July was to provide a budget of $350,000 for furnishings and fixtures and this did not include audio visual costs.
Ms. Fridell asked about an $8,000 change order relating to the generator project, and specifically whether this was a result of additional diligence by the project manager or poor planning. Mr. Murdoch responded that, in general, assumptions made about existing conditions for the generator were proven incorrect. This project, especially in regard to the exhaust system, code compliance, sound concerns, electrical room renovation requirements and value-engineering by the construction management team proved complicated when incorporating all parties concerns into the design.
Ms. Kielty stated that she has discussed with Mr. Murdoch the plan to hold a working meeting for the Board, possibly the second week of December, 2010 to discuss funding and planning for upcoming large projects. These capital improvement projects include the corridors in each tower, windows and sliding glass doors, and individual condominium fan coil units. Mr. Santos mentioned that he needed more time to do research and gather more information for discussion purposes and it was decided that the working session of the Board would be held some time in January.
Ms. Frantz stated that she attended a seminar at the offices of Lerch, Early and Brewer, which was designed to inform condominium associations about borrowing money and to introduce possible lenders. There are many considerations in borrowing, and Ms. Frantz thought that the Association would be a good candidate for borrowing. Most lenders prefer to have the reserves from a borrowing association housed with them, but this is not essential, as long as there is an arrangement to give the lender access to the cash as collateral. Ms. Frantz also stated that there was discussion about typical environmental concerns in buildings, such as asbestos and hazardous waste, and that it would be useful to obtain this type of building review. Also, it would be prudent to seek legal counsel for advice on the matter.
Ms. Fridell stated that when she began investigating loans two years ago, the Association requested and received an Opinion Letter from Lerch, Early and Brewer affirming that the Association has the authority to enter into borrowings. Ms. Fridell added that the Association also has back up sources of liquidity such as operating savings of over $485,000 and a line of credit established with Morgan Stanley. The potential line of credit available to the Association is linked to the cumulative investments placed at Morgan Stanley with a maximum loan balance set at one million dollars.
New Business:
Landscape Master Plan: The landscape committee presented proposals for the landscaping master plan and provided the Board with a written comparison.
MOTION: Dr. Muller moved, Ms. Fridell seconded, to approve the Ruppert Landscape proposal for developing a landscape master plan at a cost of $2,250. The motion passed unanimously.
Ms. Kielty noted that if Ruppert is hired to carry out the execution of the landscaping design, then the cost of the master plan will be credited to cost of that work. Ms. Fridell thanked the committee for its analysis memo, particularly since Ruppert’s bid was higher than those of its competitors, and the memo provided supporting rationale for choosing Ruppert.
Package Tracking Software Upgrade: Mr. Santos explained that the building receives 30 to 40 packages per day for residents. The front desk and management office strives to be diligent about managing these packages, but the package tracking software has failed and is an old version that the manufacturer (IntelliTrack) will no longer support. Other software packages were considered, but management determined that the best option is an upgraded version of the current software. Mr. Levine added that this is a one-time cost that also offers ongoing technical IT support. Management attempted to use the recently-established “Elizabethcondo.com” website provided by “AtHomeNet.com” to track packages, but discovered that once a package is delivered to the resident, the name is deleted from the archives, leaving no historical record available for future reference.
MOTION: Mr. Levine moved, Ms. Fridell seconded, to accept the contract from IntelliTrack for upgrading to version 8.0 of the package tracking software at a cost of $5,003.70. The motion passed unanimously.
ECA Rental Apartment Rent Increase: Mr. Santos made a recommendation to increase the rent on a unit owed by the Association. He stated that the current resident has lived there since January 2003 and has received two rent increases, at $50 per month each, since then. The current rent is $1300 per month and the resident pays on time. The lease renews on a month-to-month basis. Mr. Santos stated that the current rent is probably within market range, but it has not been increased for three years.
MOTION: Ms. Fridell moved, Dr. Muller seconded, to approve Management’s recommendation to increase the rent by 4.25%, or $55 per month. The motion passed unanimously.
The Board discussed whether the Montgomery County, MD required landlords to offer tenants a two-year lease agreement. Mr. Murdoch stated that he will confirm.
Window Washing: Mr. Santos reported that his due diligence on the Board approved contractor revealed improper insurance coverage and improper roof-anchoring techniques. Accordingly, he recommended postponing the work and seeking out alternatives in the spring of 2011. The Board agreed by consensus.
Energy Tax Credits: Ms. Frantz stated that the Association has completed several projects, such as the energy-efficient garage lighting, which may be eligible for energy tax credits that could be passed back to owners. Mr. Murdoch stated that he would investigate. He also recommended that the Association seek a tax basis letter from DeLeon & Stang to document for owners capital spending by the Association that would increase the tax basis value of their property.
Roof Canopies: Dr. Muller stated that there was discussion at a previous board meeting to obtain input from the HBW Construction Group and the architectural firm, NSA Architects, to replace the canopy roof. Mr. Santos stated that he already obtained a proposal from NSA Architects (which has been involved in the lobby renovation project) and also solicited another proposal from a competing architect. He plans to present this information to the Board in December.
Website: Mr. Levine reported that 70 people have registered on the website and he is willing to train residents on its use. His office is located at Great Oak Title, next to the tax and accounting office, on the Arcade level, East side of building. Dr. Muller inquired what equipment will be available in the new business office. Mr. Santos stated that there will be a desktop computer and copy machine in the business office and wireless internet capability throughout the lobby level. A phone line (for fax machine use only) and printer could also be made available for use in the business office. Mr. Levine stated that he would donate a fax machine to the space as well. Mr. Santos stated that the business center will be secured with a key fob reader.
Committee Reports:
Energy Conservation: Committee Chairwoman Joan Rosenbach stated that order forms for CFL (Compact Fluorescent Lamps) bulbs have been placed in mail boxes. The bulbs are on-site and orders can be filled quickly. There are new types of CFLs on the market, such as three-way dimmers, etc, but the committee is not offering these at this time due to their cost. The committee is considering holding an education seminar on the new types of bulbs. Residents who are considering purchasing new appliances for their kitchens are encouraged to take advantage of PEPCO rebates available for Energy Star rated items.
The committee will investigate different types of toilets to provide residents with information in the event they are interested in purchasing new water-saving toilets for their units.
Many residents have expressed concerns regarding the McQuay fan coil units including: inaccurate thermostats, presence of mold, etc. The Board has received an Opinion Letter from Lerch Early indicating that McQuay fan coil units are the responsibility of individual owners, but the committee requested more clarification. Ms. Kielty responded that the Opinion Letter would be sent to the committee. However, Ms. Frantz is seeking further legal clarification, stating that her reading of the by-laws indicates that when a mechanical component is of importance to the entire building, the Association can assume financial responsibility for that component.
A new member has joined the committee, Afrouz Assadian, and Mrs. Rosenbach encouraged others to join as well. David Drazin will be chairing the committee from December through April while Mrs. Rosenbach is away.
Floor Representatives: Committee Chairwoman Stephanie Olshan reported that she met with Mr. Santos and Co-chairwoman Ms. Tobi Esler. The committee is not receiving information on new move-ins and is trying to devise a system to identify and welcome new owners. The committee will report to the Board following any future meetings.
Common Area Protocol Meeting: Dr. Muller provided a summary of the open meeting held in the party room on November 14, 2010. Many constructive comments were given and the following points were summarized:
1. Newspapers should continue to be in a visible location such as a basket or desk tray at the front desk, not in the business office. Management should decide what location is best.
2. Meeting minutes should be accessible and easily readable for those who are unable to stand for a long time; locations such as the Management office, library or bulletin board were suggested.
3. Use of one display enclosure at a time was suggested for the elevator.
4. Concierge carts should be released only after the name and unit number of the user are obtained. Management will monitor the system.
5. A suggestion was made to exclude from the house rules the requirement that “exercise attire should use the mailbox corridor for passage on the lobby level”.
6. Legal counsel should be consulted about whether it is possible to forbid minors from gathering in the lobby area. Many comments were made about the safety of the furnishings and minors, and concerns about the Association’s liability were expressed.
7. Residents discussed imposing monetary penalties in addition to those already in House Rules; however, they preferred that infractions be brought to the attention of Management for resolution.
8. The party room is locked throughout the day; residents should contact Management to use the room for private gatherings/meetings.
9. Residents discussed the possibility of not returning party room deposits. The board needs to discuss this further with Management.
10. There was consensus among residents that pets should not be allowed on carpeted areas of the lobbies and party room.
Open Comments:
A resident thanked the Board for its time and dedication to the refurbishment efforts and engineering work. However, he stated that a substantial number of residents are concerned about the financial burden these could have on condominium fees in the future. The resident stated that verbal statements and letters have been sent to the Board expressing such concerns. A petition is currently in circulation throughout the community which requests that the cost of further refurbishing of the tower corridors needs to be coordinated with infrastructure improvement costs. The petition also requests that the Board expand the refurbishment committee from three to seven members, and that three of these members be signers of the petition. Residents who are interested in reviewing the petition may contact the resident in Unit 307.
Another resident voiced that she agreed with the concerns about financial strain. She suggested that the Board look for ways to trim back such as eliminating items like TVs, or imposing non-refundable fees for use of the party room or the exercise room. Dr. Muller stated that all savings are important; however, eliminating minor items such as TVs would have little effect on the overall costs of large projects. He stressed that the refurbishment committee has been very judicious in saving money while at the same time making the building attractive.
A question was asked about when a resident is considered “delinquent.” Ms. Fridell responded that this occurs when a resident does not pay the condominium fee within 10 days of the due date. The resident is notified in writing by Management, overdue interest accrues and after 90 days, delinquencies are forwarded to legal counsel for legal action. Forty percent of the Association’s current delinquencies are related to one unit, although the overall Association delinquency rate is 1.3% of total annual assessments, a figure which is lower than that of other comparable condominium buildings. Another resident asked what is being done about the large delinquent account. Ms. Fridell responded that the Association is taking every legal action available to it under the law to pursue collection.
The social committee will organize a “care” box preparation party supporting “So Others Might Eat” charity for the homeless on Saturday December 4, 2010, from 2:00 to 4:00 p.m. in the West Lobby. Notices will be posted. A holiday party for all residents will be held, but a date is not yet set.
A resident expressed her views about the cavalier ways in which the party room was treated by residents at the previous day’s open meeting. She stated that she observed a resident sitting on a serving counter with her feet on it. Trash was left on counters and residents leaned against the newly renovated walls and wallpaper. The resident requested that if this type of behavior is observed again, the leaders of the meeting should correct the behavior immediately to preserve the quality of the renovated amenities.
Adjournment
The President adjourned the meeting at 9:15 p.m.
The initial draft of the minutes, upon which these minutes are based, was prepared by Jana Bowcut of On the Record.
Respectfully submitted,
Charles Bressler, Board Secretary
Tuesday, December 21, 2010
Memo from Jim Jones on Board Meeting of Dec. 20, 2010
There are at least two dimensions of the Board’s fiduciary responsibility as it pursues this balance. First, it must keep condo fees within a range tolerable for those of us—myself included—with less income. Many of our owners live on a fixed low income. And with the recent economic debacle, whose effects will resonate for years to come, those residents have reason to be concerned. And second, the Board must keep one eye cocked on property value.
As an economist and an owner, I question whether either the current or the previous Board have balanced this well. This is what the circulating petition is all about. Each owner, of course, must ask this question. And in so doing, I would encourage him or her to obtain a copy of the contract signed by the Board with the Hartman Group, and the addendum that goes with it. (I obtained both electronically, with Board permission and the kindness of Scott Murdoch.) Please look carefully at the costs. And note in the contract addendum that the Board commits to the Hartman Group for work on the floors—18 floors in each tower, for a total of 36 floors. I see a reckless lavishness—I’m not here arguing aesthetics—in these costs, one that we can ill afford. Do we wish to continue in this lavish vein as we refurbish the floors? Can we? What are the risks?
Memo to Board.......
MEMO
TO: The Board of Directors, The Elizabeth Condominium
Legum and Norman Management
Mr. Jim Jones
Residents of the Elizabeth Condominium
FROM: Judy Gann, Co-Chair Refurbishment Committee
RE: Last Night’s Board Meeting
I wish to apologize to all for losing my temper last night at the Board Meeting. I regret my actions and assure you this public display will not occur in the future. While I take full responsibility for my actions, some of Mr. Jones’ misinformation just incensed me and hopefully, these facts can be addressed in this memo.
1. The contract with Hartman Design Group (HDG): This is a standard American Society of Interior Designers (ASID) contract. Ms. Hartman and her firm are certified by and members of ASID. The contract was presented to ECA, who turned it over to our attorney, Jason Fisher, for review, etc. Mr. Fisher reviewed and amended the contract. He then negotiated the terms with HDG’s attorney. When all negotiations were complete, the contract was returned to ECA for signature.
2. Ms. Hartman’s Hourly Fee: It should be noted that Ms. Hartman, throughout the duration of this contract, has utilized the services of her assistants for most of the work on this contract. Their hourly rate is obviously lower than hers. She has reserved her hours for final review of all phases of the project and has been diligent about billing as few hours as possible. The contract, contrary to Mr. Jones’ assessment, is within budget.
3. Eligible Designers: Mr. Jones’ statement that he found six designers, who could do this job, in a short period of time is unbelievable. In fact, our three-person committee, our advisory committee of five, and other interested residents took almost a year to find credible designers with the qualifications to refurbish an existing condominium with residents living in the facility while work is being done. Mr. Jones never indicated an interest in assisting in this search.
For those not familiar with interior designers, in fact, there are designers, who work only with private homes; designers, who do commercial projects such as hotels, etc.; and those, who work with condominiums/apartments. Of the latter, most work only on new, unoccupied buildings and many who work with smaller buildings. There are few with the expertise to work in a large condominium like The Elizabeth. There are even fewer with the expertise to work on a project with the residents in place. HDG is such a firm.
All the designers we interviewed were ASID accredited, and to a person, they said our budget of $1.25 million would not be enough to complete the lobby areas. In fact, Ms. Hartman’s first review agreed with this assessment.
4. Selected Designer: After interviewing over fifteen designers, the Committee had a short list of four designers, who were qualified to do our project. Of the four, one could not take on another project; one had never done a condominium of our size and a third, had done a project at the Carleton, which did not hold up and had to be redone for a large amount of money five years later. Ms. Hartman, at first, was reluctant to take on this project not because her firm was not capable of doing the job, but because she felt that the funding was very limiting. After much discussion, she agreed to work with ECA, and in fact, she and her associates have been cooperative and inventive in giving The Elizabeth the “biggest bang for the buck”.
5. The Petition: I would hope that individuals considering signing the circulating petition, read it very carefully. There are areas of concern within the petition, which warrant careful evaluation. In addition, at last night’s meeting, Mr. Jones said he planned to use the petitions in the future but did not disclose how he planned to use them. As a signer, one should be concerned about the use of his/her signature as Mr. Jones deems to use it.