Author: Matthew Pilkington

Board Meeting Minutes:  June 27, 2023

Meeting conducted via videoconference

Board Members Present:  Peter Levy, President; Katharine Flanders Mukherji, Vice President; Andrew Kurland, Secretary; Matthew Pilkington, Treasurer; Rose Firestein; Cameron Martin; Terra Chalberg; Michael Tedesco; Audrey Weinberger

Also in Attendance:  Valdet Boleviq, Superintendent; Kathleen Malara, EM Holding Corp.

Superintendent’s Report:

  • Lobby project is almost complete.  Only punch-list items remain, such as replacement of a damaged light fixture.
  • Rodent activity outside of the buildings has decreased thanks to Val’s daily vigilance, though there are particularly large holes in the City tree bed on Bergen St.  Val will attempt to plug these holes.

Financials:

  • The Condo financials were reviewed, and all is in good order. 
  • Various units with arrears are making progress in paying down amounts owed.
  • EM Holding was requested to look into electricity bills and current kWh rate, as we may be able to obtain a better rate.

New and Ongoing Business:

  • The written report from the structural engineer, David Keane, was received just before the meeting, and will be reviewed in more detail for next steps; either way the re-roofing project is currently scheduled to begin on July 3 (weather-dependent).
  • We cannot yet do a LL 126 inspection on the garage, but hopefully the projects we undertake now (e.g., the roof) will make it more likely that we will not have any issues when we do obtain the LL126 inspection at the end of this year or early 2024.
  • The Board discussed the additional renovation work that certain residents of 134 Boerum are requesting; the Board will continue to work with residents of that building on their options.
  • The Board discussed the backflow valve report, and what specific follow up is needed, which EM Holdings will follow up on.
  • The Board discussed election of officers.  Peter Levy noted that he did not want to continue as President.  At the other members’ urging, Peter has agreed to remain president through September, and following that, if no Board member desires to be President, the Board will institute a rotating position, so the role of President is assigned to a new person every six months.  The other officers (VP, Secretary, Treasurer) are willing to remain in their existing positions and the Board will vote on these officer positions in September as well.

Announcements:

Skytrack is going Paperless:  Starting with the next meeting, minutes will be distributed in electronic form only, by email though the Skytrack website.  Please ensure you are registered on the site (www.skytrackcondo.com).  If you require a hard copy format please inform EM Holdings so that can be arranged.

2023 Annual Meeting Minutes

June 14, 2023

Meeting conducted via videoconference

Board Members Present:  Peter Levy, Pres.; Katharine Flanders Mukherji, V.P.; Andrew Kurland, Sec.; Matthew Pilkington, Treasurer; Hannah Berkin-Harper; Terra Chalberg; Cameron Martin; Michael Tedesco; Rose Firestein

Also in Attendance:  Valdet Boleviq, Superintendent; Kathleen Malara, EM Holding Corp.; Mark Levitch, CPA

Preliminary Matters:

  • The meeting commenced after a quorum was achieved.
  • In total 72.4% of the ownership was in attendance or appeared by proxy.
  • Notice of the Annual Meeting was presented, and reading of last year’s meeting minutes was waived on a duly made motion.
  • All Board Members introduced themselves.

Financials:

  • The Annual Financial Statement was circulated and presented by our accountant, Mark Levitch.  The Condo financials are in good order. 
  • While expenses were up this year resulting in an overall decrease of cash compared to last year, spending was in line with budgeted amounts
  • Reserves are adequate.  The Treasurer and Mark Levitch discussed the line of credit we have available for any emergencies, and also the potential to impose a temporary assessment if necessary if reserves are a concern.  At this time no assessment or use of the line of credit is anticipated.

Management/Superintendent’s Report:

  • Major projects include:
    • Lobby renovation for 122 Boerum, 134 Boerum, and 15 Bergen (almost complete).
    • New heating circulating pumps were installed, which are more energy efficient.
    • Engineering firm retained and continuing to investigate water backup issues.
    • Exhaust vents were cleaned in majority of units, with remaining buildings/units to be scheduled.
    • Contractor conducted pointing and waterproofing work.
    • Garage roof fan was replaced, and garage roof will be replaced (in coming weeks)
    • E-Waste collections have been organized and will continue to take place in the future.
    • Garbage storage areas have been rodent-proofed.
  • Local Law 126 will require an inspection of the garage in 2024, which we can begin no earlier than the end of this year.  In the interim, an engineer has been retained to assess the structural condition of the garage and fortunately found that there are no emergency conditions.  Repairs in the garage are necessary and will be made, however, including re-roofing, which will begin soon.

President’s/Board Members’ Reports:

  • The Board and the Condo thank Val and Rose for their gardening efforts.
  • We again have filed a protest with respect to property tax increases.
  • The water backup committee reported on the ongoing investigative work by the engineering firm, and noted that fortunately no backups have been experienced since the City repaired the sewer in the street; we hope there is a correlation and the problem is lessened
  • Board member Andrew Kurland reported on Local Law 97, the new City-wide environmental requirements which Skytrack will have to take steps to comply with in the coming years to avoid fines which begin in 2030.
  • Andrew also reported on the study which was conducted to determine whether solar panels would be feasible and sensible, and unfortunately it was determined that we may not have sufficient roof area to make it worthwhile, though potentially could install panels on the garage roof to offset Common Area usage at 134 Boerum Pl.
  • Andrew also reported that the Board has authorized the installation of EV charging equipment in the garage at the expense of the garage owners who want to proceed with the project, whereby the equipment would become and remain the responsibility of those garage owners, including in accordance with NYC Real Property Condo Law 339-LL.
  • Departing Board member Hannah Berkin-Harper reported on the lobby renovations, which are almost complete.

Board Elections:

  • Three board seats were up this year, Peter Levy, Terra Chalberg, and Hannah Berkin-Harper.
  • Hannah has decided not to run again.  The Board thanked Hannah for her years of service and tremendous efforts with respect to the leading the lobby renovation project.
  • In addition to Peter Levy and Terra Chalberg, two other owners ran for the Board – Long Vu and Audrey Weinberger.
  • A vote was held and Peter (68.35% of ownership), Terra (54% of ownership), and Audrey (64.25% of ownership) were elected to the Board for three year terms, to expire in June 2026 (Long Vu received voters of 14.8% of the ownership).

New Business:

  • Unit and Garage space owner Miranda Maganini noted a complaint about garage common charges being used to subsidize expenses for the Residential Units, in her view unfairly, as well as other issues with the garage in her view which have not been addressed.  Certain other garage owners expressed their agreement with Ms. Maganini.  Ms. Maganini also requested that electricity be provided to each garage space, and the address for the garage be posted on the exterior of the building.  Ms. Maganini also noted that she was trying to avoid legal action against the Condo and the Board.  Multiple Board members acknowledged the concerns that were raised, and reiterated that the Condo is now addressing the things that need to be addressed in the garage, and fortunately the engineer we retained has already confirmed that no structural issues or emergency conditions exist.  The Board further explained that we have to prioritize various projects and, to take an example, lobby renovations had to be completed first.  With respect to the Common Charge issue, the Board confirmed that there has never been any change in Common Charge calculation or methodology since the inception of the Condominium, and that these matters were established in the Offering Plan and Declaration.
  • A resident of 134 Boerum noted a complaint about the condition of the common hallway areas apart from the newly renovated lobby.  Departing Board member Hannah Berkin-Harper noted that options were being explored to address these items, however the quotes that have been obtained were very expensive and in their current form would require approval by a majority of the entire Condo ownership to proceed.

Reminders:

  • Composting pickup is Saturday.  Composting will become mandatory soon and the City will begin imposing fines on buildings who do not comply with composting requirements.  Make sure to deposit your compostable items in the compost bins on Fridays.

Adjournment:

  • With no further business, the meeting was adjourned following a duly made motion.

New Rule

Pursuant to Art. II, § 2(e) of the Bylaws of Skytrack Condominium, the Board of Managers has adopted the following Rule.  The updated Rules have been posted to the website, and a hard copy will be distributed to all owners.

BACKGROUND:

The purpose of this new rule is to clarify the matter of the ownership of and responsibility for drains, including roof and courtyard drains, and sewer and drainage pipes located outside of Units.  Pursuant to the Condominium’s Declaration and Bylaws, Owners have always been responsible for the maintenance of, repairs to, and any damage caused by, components within their Units (such as, without limitation, baseboard radiators, electrical wiring, plumbing fixtures, etc.).  Pursuant to Sections 5 and 6 of the Condominium’s Declaration, only the drains and sewer and drainage pipes that are within the bounds of each Unit – i.e., inside the perimeter drywall, above the subfloor, and under the ceiling – are owned by and the responsibility of the particular Unit.  That means that drains and sewer and drainage pipes located outside the bounds of Units are Common Elements.

Unless otherwise specifically provided by the Bylaws, responsibility for maintaining, repair or replacement of, and additions, alterations and improvements to, drains and drainage and sewer pipes is allocated as follows: to the Condominium when they are Common Elements (See Bylaws Art. VI, §§ 10(b) and 12; Declaration §§ 5, 6), and to the Residential Unit Owner when they are within a Unit (Bylaws Art. VI, §§ 10(a) and 13, Declaration §§ 5, 6).  Exceptions to these general principles include, but are not limited to, drains and drain and sewer pipes that have been altered or modified by a Residential Unit Owner (which in all cases requires advance Board approval); pipes that run through a Unit and serve more than one Unit; and damage caused by an Owner’s negligence, misuse or neglect. (See Declaration of Condominium § 5; Bylaws Art. VI §§ 3,10(b), 13.)

The Declaration of Condominium, Bylaws, and Rules are available under Documents on the menu bar on www.skytrackcondo.com)

THE RULE

The Condominium will continue periodically to inspect and clear debris from roof and courtyard drains to which the Superintendent has access without having to enter the Unit. The following Units have roof or courtyard drains which are only accessible by accessing the particular Unit: 1P, 1N, 1M, 1K, 1I, 1R, 3K, 3F, 1O, 1Q, 4. The Owners of the listed Units are required to agree in writing either to inspect and clear the roof or courtyard drain accessible from their Unit from potentially clogging debris each month and after major rain storms or provide the Superintendent, upon request, prompt access to such drain. Failure to fulfill a promise to inspect and clear a roof or courtyard drain or refusal to provide the Superintendent with the required access to a roof or courtyard drain will be considered a violation of the Condominium’s Rules and will subject the Unit Owner to a fine and potential liability for any damage caused by the backed-up roof or courtyard drain.

Board Meeting Minutes:  May 30, 2023

Meeting conducted via videoconference

Board Members Present:  Peter Levy, President; Andrew Kurland, Secretary; Matthew Pilkington, Treasurer; Rose Firestein; Hannah Berkin-Harper; Cameron Martin; Terra Chalberg

Also in Attendance:  Valdet Boleviq, Superintendent; Kathleen Malara, EM Holding Corp.

Superintendent’s Report:

  • FDNY issued a notice with respect to sprinkler testing, and the sprinkler contractor will conduct the required testing to ensure compliance with City requirements.
  • Repairs to ceiling of 1E following pipe leak were completed.
  • Recent heavy rain storm caused damage to a number of Units (including 1Q, 1P, 3H, 3F) and Common areas (lobby, garage).  Most damage was caused by a roof drain blockage.  Contractors are working on determining what best course of action and providing quotes for repairs.
  • Outside of the buildings rodent activity is decreasing, but still noticeable; efforts to abate will continue.
  • New evergreen trees planted on Dean Street.

Financials:

  • The Condo financials were reviewed, and all is in good order.

New and Ongoing Business:

  • The Board discussed maintenance of roof and courtyard drains that are only accessible from within Units.  A new Rule will be published to clarify responsibility for maintenance of such drains.
  • The lobby renovation project is nearing completion.  Additional tile work, lighting, and millwork will take place at 134 Boerum. 
  • The Board discussed preliminary quotes received for additional renovation work to upper level Common hallways of 134 Boerum requested by certain residents.  All quotes were for significant amounts and would require a vote of the Condo ownership to proceed with the requested work.
  • The Board discussed repair projects for the garage as well as the forthcoming structural assessment which an engineer will be conducting.
  • We still have not been able to find someone who can assist with placing trash and recycling outside under the City’s new collection rules, and are continuing to search.  In the interim the Super has been working extra to ensure we comply with the new rules.

Announcements:

  • The Skytrack Annual Meeting will take place by Zoom on Wednesday, June 14, at 8:00 PM.  Please register at https://skytrackcondo.com/2023meeting.  If you believe you might not be able to attend, please designate a proxy to appear for you.  Instructions for proxy designation are on our website at the above link.
  • Three Board terms will expire this year.  All Owners are encouraged to volunteer to join the Board.  Please inform EM Holdings if you are interested.  Elections will be held at the Annual Meeting.
  • Remember to place garbage and recycling within, not next to, receptacles.

Please let EM Holdings know if you know anyone who might be interested in a paid position to assist with placing trash and recycling out for collection on our collection days.

Board Meeting Minutes – Feb. 28, 2023

Meeting conducted via videoconference

Board Members Present:  Peter Levy, President; Katharine Flanders Mukherji, V.P.; Andrew Kurland, Secretary; Matthew Pilkington, Treasurer; Michael Tedesco; Rose Firestein; Hannah Berkin-Harper

Also in Attendance:  Valdet Boleviq, Superintendent; Kathleen Malara, EM Holding Corp.

Superintendent’s Report:

  • Additional rodent activity has been noticed outside around Boerum Pl and Dean Street, and we continue to take countermeasures to stay on top of it. 
  • The rodent proofing of the trash sheds has worked very well, and we will obtain quotes for similar rodent proofing for the remaining storage sheds.
  • Certain roof fans at 134 Bergen are not working, and will be investigated.  Roof fans must be in working order before the vent cleaning project can be completed.
  • The intercom was repaired at 15 Bergen.

Financials:

  • The Condo financials were reviewed, and all is in good order.

New and Ongoing Business:

  • The engineering firm the Condo hired will be conducting another site visit to determine the status of all back-flow valves installed in lower level apartments.
  • The lobby renovation project is proceeding well – 122 Boerum is almost finished (waiting on light fixtures, millwork, and mailboxes), and 134 Boerum renovations will start next.  Management and Hannah are staying vigilant to ensure the quality of the work performed by the contractors is up to our standards.
  • The Board discussed certain maintenance and repair items in the garage, and a punch-list will be prepared by Garage Unit owners.
  • The Board continued its discussion regarding the potential installation of electric vehicle charging equipment in the garage.
  • The Board discussed the apportionment of Common Charges amongst Garage Unit Owners and Residential Unit Owners, as set forth in the Condo’s governing agreements.

Announcements:

  • The Skytrack Annual Meeting will take place by Zoom on Wednesday, June 14, at 8:00 PM.  Three Board terms will expire this year.  All Owners are encouraged to volunteer to join the Board.  Please inform EM Holdings if you are interested.  Elections will be held at the Annual Meeting.
  • Reminder that water shut-off valves within units (e.g., the shut-off valves and water piping for a sink or toilet) are the responsibility of Unit owners.  This type of plumbing equipment does not last forever, so it is highly recommended that owners periodically check the condition of these valves and the appurtenant plumbing to make sure everything is in working order and not leaking.