yonkers parking authority · web view8 buena vista avenue yonkers, new york 10701 regular board...

City of Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesJanuary 31, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, January 31, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:

Board members:Hon. William T. Regan, ChairmanDr. Brian R. Nicoletti, Vice ChairmanMrs. Patricia Kischak, MemberMr. Michael Ramondelli, Member

YPA Staff:Mrs. Lisa Mrijaj, Executive DirectorMr. Joseph Dalli, Deputy Executive Director/CFOMr. Jay McLynn, Assistant to the Executive Director Ms Susan M. Maros Victoria, Human Resources Director/ Recording Secretary

Board Counsel:Paul Hart, Esq., Corporation Counsel, City of Yonkers, NY

Absent:Mr. Louis Nigrello, Secretary

Call to Order

Chairman Regan called the meeting to order at 5:30 p.m.

Affirmation of Board Minutes

Mrs. Patricia Kischak motioned to affirm the minutes of the regular board meeting, held on December 20, 2011, and was seconded by Mr. Michael Ramondelli. The board affirmed the minutes of the meeting held on December 20, 2011, four to zero (Mr. Louis Nigrello, absent).

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City of Yonkers Parking AuthorityRegular Board Meeting Minutes

January 31, 2012

Resolution No. 2012 – 01: License Agreement between the Yonkers Parking Authority and Cascata Restaurant & Bar (January 15, 2012 – January 14, 2013)

Resolution No. 2012–01 was reviewed by the Board followed by a motion made by Mr. Ramondelli to approve Resolution: 2012–01, and seconded by Dr. Nicoletti. The board passed Resolution: 2012–01, four to zero (Mr. Nigrello, absent).

Resolution No. 2012 – 02: License Agreement between the Yonkers Parking Authority and Thalle/Transit Construction JV (November 01, 2011 – October 31, 2012)

Mrs. Kischak motioned to approve Resolution: 2012–02, and was seconded by Dr. Nicoletti. The board passed Resolution: 2012–02, four to zero (Mr. Nigrello, absent).

Resolution No. 2012 – 03: License Agreement between the Yonkers Parking Authority and Pustola & Associates Engineer/Contractors, LLC (February 13, 2012 – April 13, 2012)

Dr. Nicoletti motioned to approve Resolution: 2012–03, and was seconded by Mr. Ramondelli. The board passed Resolution: 2012–03, four to zero (Mr. Nigrello, absent).

Resolution No. 2012 – 04: License Agreement for Designated Parking between the Yonkers Parking Authority and Royal Banquet Hall & Catering, LLC (March 01, 2012 – February 28, 2017)

The board was presented with Resolution No. 2012–04 concerning an additional license agreement for designated parking on the Hudson parking facility. Mrs. Kischak motioned to approve Resolution: 2012–04, and was seconded by Dr. Nicoletti. The board passed Resolution: 2012–04, four to zero (Mr. Nigrello, absent).

Letter of Engagement dated January 3, 2012 from O’Connor Davies Munns & Dobbins, LLP

The board reviewed the Letter of Engagement from the accounting firm of O’Connor Davies Munns & Dobbins, LLP. Mr. Dalli informed the Board that auditors from the accounting firm of O’Connor Davies Munns & Dobbins, LLP of One Barker Avenue, White Plains, New York are scheduled to audit the Authority’s books in the latter part of February.

The board demonstrated its approval of the audit to be done by O’Connor Davies Munns & Dobbins, LLP for the years ending December 2011, 2012 and 2013 with a motion by Mr. Ramondelli to approve the Letter of Engagement and seconded by Mrs. Kischak. The board passed the impromptu Resolution No. 2012–05, four to zero (Mr. Nigrello, absent).

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January 31, 2012

Flea Market

Mr. Dalli reported to the board that a Ms Nancy Ortiz had approached the Authority with a proposal to lease space within an Authority parking facility for a Flea Market for approximately forty (40) vendors. The board discussed the feasibility of leasing space and the impact on other area businesses.

Farmers Market

Executive Director Mrijaj met with Mr. Jim Killoran, Executive Director, of Habitat for Community of Westchester, whose organization wishes to establish a Farmer’s market to instill a revival in the area. Mrs. Mrijaj indicated that Mr. Killoran would submit a proposal to this end.

Government Center Garage (GCG) Structural Condition

Mrs. Mrijaj briefed the board that a walk through of the Government Center Garage (GCG) had been done to survey its structural condition. Mrs. Mrijaj reported that the structure was in need of repair. As such the west side of the roof top parking area has been roped off to parkers. Commissioner of the Department of Public Works (DPW), Thomas Meier, has requested the assistance of the Yonkers Parking Authority to permit the City fleet, approximately twenty-six (26) vehicles to be relocated to the Chicken Island parking facility to manage the reduced parking at the Government Center Garage and the elimination of parking on the ramp and the plaza in back of City hall. Mrs. Mrijaj indicated that as an option the St. Anthony parking lot, which is quite large, could be utilized for the City fleet although it would have to be fenced in.

Government Center Garage (GCG) Surveillance Cameras

Executive Director Mrijaj further briefed the board concerning surveillance cameras at the Government Center Garage. Mrs. Mrijaj noted that the City of Yonkers’ MIS department provided a quote of over a hundred thousand dollars to refurbish the camera system in place at the garage. Mrs. Mrijaj noted further that there are some technical issues to be dealt with before the City goes forward with the project. Mrs. Mrijaj observed that, that it was a necessity to have the cameras at the Government Center Garage.

Broad Street Lot Vandalism

Mrs. Mrijaj reported to the board that there had been several incidents of vandalism on the Broad Street parking lot. Discussion ensued concerning security at the parking facility. Mrs. Mrijaj remarked that the feasibility of installing a stand alone wired camera system costing approximately five thousand ($5,000) dollars was being considered and that technical feedback was awaited from the City’s Management Information Systems (MIS) department concerning the viability of the stand alone system’s co-existence with the current surveillance system in place at other parking facilities.

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January 31, 2012

Proposed Capital Improvement Plan (CIP)

Executive Director Mrijaj presented the Authority’s proposed Capital Improvement Plan (CIP) to the board for discussion and deliberation. Mr. Dalli indicated that the resealing of the Buena Vista Garage was imperative to prevent further deterioration. Chairman Regan asked if the City’s engineers had been notified. Mrs. Mrijaj responded that the City engineers would be notified.

Correspondence

The board reviewed an exchange of correspondence between Mayor Spano and Chairman Regan in which Mayor Spano requested Chairman Regan’s resignation to which Chairman Regan declined.

Financial Report: December 2011

Mr. Dalli presented the financial report for December 2011 to the board. Mr. Dalli noted that a slight increase in meter revenues in comparison to the same period last year had been realized. The monthly financial report included in the board meeting packet highlighted the following information:

The Yonkers Parking Authority (YPA) generated a total of $300,207 in revenues under the YPA Account and $33,440 under the Buena Vista Garage (BVG) Account during December 2011.

Expenditures for December 2011 totaled $394,510 for the YPA and $90,206 for BVG; resulting in a deficit of $93,303 under the YPA and a deficit of $56,766 under BVG.

YPA revenues reflected a minus five (–5%) percent variation from December 2010 to December 2011, while BVG showed a decrease of forty-three (43%) percent from the previous year.

December 2011 expenditures for the YPA reflected a reduction of thirty-three (33%) percent as compared to December 2010, while BVG expenditures for December 2011 increased by six (6%) percent as compared with December 2010 expenditures.

Executive Session (personnel matter)

Mrs. Kischak motioned to go into executive session to discuss a personnel matter and was seconded by Dr. Nicoletti. The executive session was convened at 6:40 p.m. The regular session was reconvened at 6:55 p.m.

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January 31, 2012

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, February 28, 2012, at Authority offices.

Conclusion

With no further business, old or new, to be discussed, Mr. Ramondelli moved that the meeting be adjourned and was seconded by Dr. Nicoletti. The meeting was adjourned at 7:00 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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City of Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesFebruary 28, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, February 28, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Board Counsel:Paul Hart, Esq., Corporation Counsel, City of Yonkers, NYMr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NY


Call to Order



Mrs. Patricia Kischak motioned to affirm the minutes of the regular board meeting, held on January 31, 2012, and was seconded by Dr. Brian Nicoletti. The board affirmed the minutes of the meeting held on January 31, 2012, three to zero (Messrs. Louis Nigrello, Michael Ramondelli absent).

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February 28, 2012

Resolution No. 2012–06: License Agreement between the Yonkers Parking Authority andBank of America, National Association (February 1, 2012 – January 31, 2017)

Resolution No. 2012–06 was reviewed by the Board followed by a motion made by Dr. Brian Nicoletti to approve Resolution: 2012–06, and seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–06, three to zero (Messrs. Louis Nigrello, Michael Ramondelli absent).

Flea Market

The board discussed proposed sites for the Flea Market to accommodate approximately forty (40) vendors. Mr. Dalli indicated that the Authority was working with Ms Nancy Ortiz, a promoter for the Flea market, to launch the flea market in its new site by the end of March 2012.

Outcome of Internal Staff Study on Parking Availability at the Buena Vista Garage

Mr. Dalli briefed the board concerning the internal staff study done on parking availability at the Buena Vista Garage. Mr. Dalli noted that the owner of the APV Valet car service remitted a letter to the owners of the X2O restaurant, the Dolphin restaurant, and Mr. Frank McGovern, Deputy Commissioner of Finance, claiming that the Yonkers Parking Authority had promised to provide designated parking for his car valet service. He further claimed that there is no parking availability at the Buena Vista Garage. Mr. Dalli stated that the Yonkers Parking Authority never committed to reserved parking.

N.B. Mr. Michael Ramondelli arrived at 5:45 p.m.

Mr. Dalli reported that a parking availability study had been done over the course of ten (10) days. The finding was that there is indeed parking availability within the Buena Vista Garage. Mrs. Mrijaj observed that she appreciated the fact that the APV valet drivers did not want to park patron’s cars on the top floors of the garage and were thereby parking on the street.

A second complaint was of homeless people jumping in front of the cars driven by the valet service. Mrs. Mrijaj indicated that the owner should be directed to Steve Sansone, the BID director.

Lockwood Lot (310 Saw Mill River Road) Groundwater Sampling

Mr. Dalli apprised the board that Henningson, Durham & Richardson Architecture and Engineering P.C. (HDR) of White Plains, New York did a requisite groundwater sampling as mandated by the New York State Department of Conservation (NYSDEC) in mid February. Mr. Dalli also reported that Mr. Dave Crosby of the NYSDEC had indicated that if the results were good the case may be closed and a final report issued.

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February 28, 2012

Lockwood Lot (310 Saw Mill River Road)

Mr. Paul Hart, Esq. submitted a copy of the recorded supplemental permit of use operating agreement for the Lockwood Lot located at 310 Saw Mill River Road to the board.

Update of City Council Legislation and Codes Committee meeting (dated 02/21/2012) amending Chapter 109 of the Code of the City of Yonkers regarding vehicles and traffic

Mrs. Mrijaj briefed the board on the City Council Legislation and Codes Committee meeting convened on February 21, 2012 regarding amending Chapter 109 of the Code of the City of Yonkers regarding vehicles and traffic. Mrs. Mrijaj reported that most of the City Council members were not against the current extended parking meter enforcement hours. Mrs. Mrijaj noted that Councilman Breen voiced concerns about parking in the West Pondfield Road area. Mrs. Mrijaj also noted that if the parking meter enforcement times are rolled back not only would the Yonkers Parking Authority’s revenues be impacted but those of the City as well. Councilman Wilson Terrero was in favor of the current parking meter enforcement times since it was helpful to area businesses. Mrs. Mrijaj mentioned that the Authority had done a survey of local municipalities and that the Yonkers parking meter enforcement times were moderate in comparison to other cities and towns. Mr. Dalli observed that national trends demonstrate that extended parking enforcement hours enhance businesses.

City Council President, Mr. Chuck Lesnick, alluded to the issue concerning the issuance of parking tickets at Ridge Hill which Ridge Hill has no authority to issue since the streets have not yet been dedicated. It is noteworthy that the parking tickets resemble the tickets issued by the City of Yonkers and the Authority. The City Council in conjunction with Corporation Counsel is addressing the issue of illegal ticket issuance at Ridge Hill. Mr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NY indicated that a letter would be written to the principals of Ridge Hill to the effect that the issuance of tickets was not permitted as they were not a governmental entity. They could, however, charge for parking in the garage.

Councilman Larkin, chairman of the Codes Committee asked Mrs. Mrijaj to compile information on extended parking meter enforcement hours before the committee’s next meeting.

Resolution No. 2012–07: Approve Recruitment of Legal Counsel

Discussion ensued concerning retaining the services of independent legal counsel in the event that a conflict arises between the City of Yonkers and the Yonkers Parking Authority. The board demonstrated its approval of Resolution: 2012–07 with a motion made by Mrs. Kischak to approve Resolution: 2012–07, and seconded by Dr. Nicoletti. The board passed Resolution: 2012–07, four to zero (Mr. Nigrello, absent).

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February 28, 2012

Financial Report: January 2012

Mr. Dalli presented the financial report for January 2012 to the board. Mr. Dalli noted that the Authority realized better than anticipated figures in comparison to the same period last year.

The Yonkers Parking Authority (YPA) generated a total of $484,137 in revenues under the YPA Account and $138,345 under the Buena Vista Garage (BVG) Account during January 2012.

Expenditures for January 2012 totaled $303,943 for the YPA and $69,213 for BVG; resulting in a surplus of $180,194 under the YPA and a surplus of $69,132 under BVG.

YPA revenues reflected an increase of twenty-one (21%) percent from January 2011 to January 2012, while BVG showed an increase of thirty-three (33%) percent from the previous year.

January 2012 expenditures for the YPA realized a reduction of six (6%) percent as compared to January 2011, while BVG expenditures for January 2012 decreased by seven (7%) percent as compared with January 2011 expenditures.

Chairman Regan observed that Commissioner John Liszewski had indicated that the Mayor’s office had questioned the legalities of the City reimbursing the Authority for the Buena Vista Garage’s operating budget shortfall and debt service. Chairman Regan noted that an e-mail explaining the Buena Vista Garage’s operating agreement between the City of Yonkers and the Authority would be sent to Commissioners Liszewski and Maniscalco as well as the Corporation Counsel, Mr. Ed Dunphy.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, March 27, 2012, at Authority offices.

Conclusion

With no further business, old or new, to be discussed, Mrs. Kischak moved that the meeting be adjourned and was seconded by Dr. Nicoletti. The meeting was adjourned at 6:20 p.m.



City of Yonkers Parking Authority of 62

8 Buena Vista AvenueYonkers, New York 10701

Regular Board Meeting MinutesMarch 27, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, March 27, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Board Counsel:Paul Hart, Esq., Senior Associate Corporation Counsel, City of Yonkers, NYMr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NY


Call to Order


Mandated {ABO Policy 10-01} Board Members Acknowledgement of Fiduciary Duty

The assembled board members signed the Board Members Acknowledgement of Fiduciary Duty and submitted them to Ms Maros Victoria, the recording secretary.




Mrs. Patricia Kischak motioned to affirm the minutes of the regular board meeting, convened on February 28, 2012, and was seconded by Dr. Brian Nicoletti. The board affirmed the minutes of the meeting held on February 28, 2012, four to zero (Mr. Louis Nigrello, absent).

Resolution No. 2012–08: Commercial Lease between the Yonkers Parking Authority and St. John’s Riverside Hospital (August 1, 2011 – July 31, 2013)

The Board considered Resolution 2012–08 affirming a commercial lease between the Yonkers Parking Authority and St. John’s Riverside hospital. Mr. Curti, First Deputy Corporation Counsel desired it noted for the record that Corporation Counsel did not receive a signed contract. Mr. Dalli stated for the record that Corporation Counsel had drafted the contract between the Yonkers Parking Authority and the hospital. Chairman Regan further confirmed for the record that the Corporation Counsel had drafted the contract. Mr. Curti indicated that he could not opine on the contract as the packet had been received at 2:12 p.m. Mr. Curti further stated that “as your counsel I cannot recommend ratifying the contract.” Mrs. Mrijaj added that the hospital had not wanted to sign the contract until the construction on the Ashburton park-a-drome garage started.

Mr. Michael Ramondelli moved to approve Resolution: 2012–08, and was seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–08, four to zero (Mr. Louis Nigrello, absent).

Outstanding Invoices Due to the Authority by the City of Yonkers

Executive Director, Mrs. Mrijaj, desired to go on record as she addressed the issue of outstanding invoices due to the Yonkers Parking Authority by the City of Yonkers with the board indicating that there was one hundred fourteen thousand nine hundred twenty-two ($114,922) dollars outstanding as of today (March 27, 2012). Mrs. Mrijaj further indicated that the Authority had not heard back with regard to the outstanding invoices and that e-mails to the Finance Commissioner and Corporation Counsel had gone unanswered. Dr. Nicoletti expressed his belief that the City of Yonkers was obligated as per the Buena Vista Garage operating agreement to pay the operational shortfall to the Authority and asked Mr. Curti to weigh in. Mr. Curti asked Mrs. Mrijaj to forward him a copy of the operating agreement.

Mrs. Mrijaj said that the first invoice was for January 2012, the second invoice for February 2012, and the third invoice for March 2012. Mrs. Mrijaj said that the invoice that would be generated on April 1, 2012 for the next quarter combined with the open one would be almost double in the amount due the YPA by the City. Mrs. Mrijaj addressing the board said that she wished the board to be aware of the situation.



Outstanding Invoices Due to the Authority by the City of Yonkers cont.

Mr. Curti, First Deputy Corporation Counsel, City of Yonkers, was asked by the board, that as Board counsel, what did he advise? Mr. Curti responded that he would take a look at it and advise what legal remedies were available. Mr. Curti addressed Mrs. Mrijaj and said that “if you (Mrs. Mrijaj) could forward the e-mails to me I will take a look at this.” Mr. Ramondelli asked if the board could be copied on the e-mails as well. Mrs. Mrijaj responded in the affirmative.

Government Center Garage (GCG) Structural Condition / Repairs

Mrs. Mrijaj briefed the board concerning the parking situation with regard to the ongoing repairs being done at the Government Center Garage. Mrs. Mrijaj suggested that employees should be parking at Chicken Island to allow city residents doing business at City Hall to park at available parking areas within the Government Center Garage. Mrs. Mrijaj continued, “and because of the construction and the city cars from the city carpool that are still at the Government Center Garage, the YPA now has approximately one hundred and fifty (150) validation tickets that are stamped when a car enters and leaves the Government Center Garage (GCG) in less than ten (10) minutes where as the norm is about fifty (50) validation tickets a week. We should expect to see a reduction in revenues because of this.”

Mr. McLynn updated the board on the scope of the Garage repair project indicating that it was a sixty (60) day project and that it was one month into the repair of the garage. Mr. McLynn described the scope of the work indicating that the whole fifth floor, including the up and down ramps to the fifth floor, had been closed off to parkers due to the repair work being done. Mr. McLynn informed the board that a concrete slab had been laid on the ramp leading up to the rooftop level over the weekend. An integrity test had been subsequently done and the results were not sufficient, city engineers wanted to wait a day or two before testing again. Mr. McLynn opined that parking on the fifth level would be re-opened by Wednesday, March 27, 2012 with the first phase of the project being completed by early next week.

Ashburton Park-a-Drome Structural Condition / Repairs

Mr. McLynn reported to the board concerning the repair to the Ashburton Park-a-Drome. Mr. McLynn explained that the project had been divided into three phases, with phase one consisting of repairs to the east and west stair towers and replacement of the concrete decking leading to the second floor level. Mr. McLynn noted that phase two of the repairs should begin next year.

Lockwood Lot: DEC Remediation

Mrs. Mrijaj briefed the board concerning the results of the requisite groundwater sampling done by Henningson, Durham & Richardson Architecture and Engineering P.C. (HDR) of White Plains, New York at the Lockwood lot (310 Saw Mill River Road) in mid February 2012. Mrs. Mrijaj reported that she had received an e-mail from the project engineer, Ms Noemi Castillo,



Lockwood Lot: DEC Remediation cont.

reporting that the final data had not yet been received by HDR but that they do not expect significant changes based on their current information. It appears that a pretty decent reduction in the chemicals is evident. Mrs. Mrijaj said that she would inform the board as soon as she received the final report.

Flea Market

Mr. Dalli reported to the board regarding the launch of the Flea Market on Sunday, March 25, 2012 held at Nepperhan Avenue parking lots. While the event was rained out it had been very well received. Mr. Dalli said that eleven (11) vendors actually paid for the permit fees, with seven vendors who came later but who did not set up because of the weather. Mr. Dalli said that approximately fifty (50) vendors had been expected but that the majority did not come due to the inclement weather. Mr. Dalli noted that the Flea Market hosted approximately eighty (80) vendors last year.

2012 Proposed Capital Improvement Plan (CIP)

Mrs. Mrijaj briefed the board with regard to the Authority’s 2012 proposed Capital Improvement Plan (CIP) and was followed by Mr. Dalli who explained to the board that the Authority had budgeted for a collection van for the Authority fleet in 2011 but that delivery of the vehicle had occurred in 2012 with payment being duly made in 2012. The next items presented on the Capital Improvement Plan were two Jeeps with snow plow packages to update an aging fleet. Mr. Dalli indicated that the next request for a hundred parking meters was an annual purchase for replacement purposes. Mr. Dalli further explained that the parking meter purchases were now allocated under capital expenditures in the Capital Improvement Plan (CIP). Back in 2010, and 2011, the auditors had recommended that it should be placed under operations expense but have now for 2012 changed it back to the CIP, after realizing that the net cost of items belong under Capital Expenditures.

Mr. McLynn updated the board concerning the deteriorated condition of the parking lot ground surfaces and the need to repave the lots. Mr. McLynn observed that the best time to do repaving work was either April and May, or September and October.

Mr. McLynn also pointed out that the retaining wall at the Morris Street parking lot needed repair and mentioned that the former City Engineer had estimated that it would cost thirty-five thousand ($35,000) dollars to repair.



Government Center Garage (GCG) Replacement of Revenue Control System

Mr. Dalli apprised the board concerning the need to replace the revenue control system at the Government Center Garage noting that a new unit would cost twenty-five thousand ($25,000) dollars to replace the unit. Mr. Dalli said that currently a booth collector has to work the unit manually, further that it only accepts cash. Mr. Dalli indicated that an entire system upgrade would cost approximately two hundred fifty thousand ($250,000) dollars.

Mrs. Patricia Kischak asked “Didn’t we do this last year?” Mr. Dalli responded that the Authority upgraded the software for fifteen thousand ($15,000) and that ten thousand ($10,000) was used for six (6) permit readers with the software that transmits the data to the Authority’s offices for greater accuracy in revenue control.

Mr. Dalli stated that two hundred and fifty thousand ($250,000) dollars would provide the Authority with four (4) units at the Government Center Garage allowing parkers to purchase tickets with credit cards as well as cash. Mr. Dalli said that the vendor was Amano which would mesh with the programs currently in use by the Authority. Mr. Dalli explained that revenue control programs are usually proprietary and would probably incur greater expense by using another vendor. In addition, that Amano’s service call response times were very good. Mr. Regan observed that the unit that was purchased last year allowed parkers to use passes to access the Government Center Garage and that the unit being considered would allow for cash payments.

Mrs. Kischak asked if this was on the budget for 2012. Mr. Dalli responded that this was additional. Mr. Regan inquired what is happening with the Government Center Garage (GCG) machine generated tickets. Mr. Dalli answered, “Everything is being done manually.” Mr. Dalli indicated that the upgrades would be better for parkers at the Government Center Garage, better for revenue control purposes and allow the better use of employees elsewhere. Mrs. Kischak opined that “paving needs to be done first, everything else can wait.” Mr. Regan asked if the vehicles were purchased through the state bidding process with Mr. McLynn answering in the affirmative.

Chairman Regan said we will go ahead and authorize solicitation of prices for the proposed Capital Improvement Plan (CIP).

Resolution No. 2012–09: Approve Solicitation of Prices for Proposed Capital Investment Program (CIP)

The board demonstrated its approval of Resolution: 2012–09 with a motion made by Mrs. Kischak to approve Resolution: 2012–09, and seconded by Dr. Nicoletti. The board passed Resolution: 2012–09, four to zero (Mr. Nigrello, absent).



Resolution No. 2012–10: Amend 2012 Capital Budget

The board demonstrated its concurrence of Resolution: 2012–10 with a motion made by Mr. Ramondelli to approve Resolution: 2012–10, and seconded by Mrs. Kischak. The board passed Resolution: 2012–10, four to zero (Mr. Nigrello, absent).

Mr. Curti declared for the record that he objected to the fact that the resolutions were not on the agenda or in written form.

N.B. Ms Maros Victoria left the boardroom to issue Resolutions 2012–09, and 2012–10, in written format. Upon Ms Maros Victoria’s return the resolutions were distributed to the board members, staff and Messrs. Hart and Curti. The board repeated the vote for the resolutions in question. During Ms Maros Victoria’s absence, the minutes were taken by Mr. Joseph Dalli.

Union Negotiation

Mrs. Mrijaj reported that labor management negotiations were still stalled but that management would be meeting with labor to resume negotiations.

Auditor’s Report

Mrs. Mrijaj briefed the board that the Auditor’s report would be issued shortly. However, that the Public Authority Reporting Information System (PARIS) could not be finalized until the auditor’s report was issued. A request for extension had been made and denied by the Authority Budget Office (ABO). Mrs. Mrijaj informed the board that the auditors had been notified that the Authority was unable to submit its annual report on the PARIS system until the auditor’s submitted their final report to the Authority.

Mr. Brodsky’s Meeting

Chairman Regan apprised the board regarding the meeting with Mr. Brodsky. Mrs. Mrijaj stated that Mr. Brodsky had requested that certain information be forwarded to him. Mrs. Mrijaj indicated that the requested information would be forwarded to Mr. Brodsky after she had, had the opportunity to inform the board.

Ridge Hill Tickets

Mrs. Mrijaj showed the board a parking warning ticket being issued by the Ridge Hill development. Mrs. Mrijaj pointed out that the ticket displayed the name ”Parking Authority” and asked Mr. Curti if it was legal to display the Authority’s name without consent. Mr. Curti informed the board for the first time that a meeting had been held with the principals of Ridge Hill regarding the ticket writing issue and had expressed the nullity of the tickets in question and issued a Cease and Desist order.



Financial Report: February 2012

Mr. Dalli presented the financial report for February 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $312,725 in revenues under the YPA Account and $46,389 under the Buena Vista Garage (BVG) Account during February 2012.

Expenditures for February 2012 totaled $321,532 for the YPA and $73,296 for BVG; resulting in a deficit of $8,797 under the YPA and a deficit of $26,907 under BVG.

YPA revenues reflected an increase of nineteen (19%) percent from February 2011 to February 2012, while BVG showed an increase of six (6%) percent from the previous year.

February 2012 expenditures for the YPA realized a reduction of ten (10%) percent as compared to February 2011, while BVG expenditures for February 2012 reflected an increase of thirty (30%) percent as compared with February 2011 expenditures.

N.B. Ms Maros Victoria returned to the Boardroom and resumed taking the minutes.

Continuation of Discussion Concerning Outstanding Invoices Due to the Authority by the City of Yonkers

Mrs. Kischak stated that the board requested copies of the Buena Vista Garage operating agreement for their review. Mr. Dalli was directed to report to the board on the impact to the Authority due to the delay of the outstanding invoices by the City of Yonkers.

Dr. Nicoletti addressed Mr. Curti indicating that the board discussed the matter of the outstanding invoices at its February meeting at which Mr. Curti was present and asked why counsel didn’t pursue the matter. Mr. Curti responded that “we have the agreement at the office; we will review it and get back to you.”

Mr. Ramondelli asked Mr. Curti if an attorney could represent both sides. Mrs. Mrijaj asked Mr. Curti if in his legal capacity as a City of Yonkers attorney where the City of Yonkers owed money to the Yonkers Parking Authority, was there a conflict of interest issue. Mr. Curti responded that the Corporation Counsel would have to look at the conflict to determine if a conflict existed and if outside counsel was needed. Mr. Curti said that the Corporation Counsel would have to make that call. Mr. Ramondelli further asked Mr. Curti, “Are the City of Yonkers and the Yonkers Parking Authority two separate entities?” Mr. Curti responded that both were separate entities. Mr. Curti said that in a dispute between two separate entities, the Corporation Counsel would have to determine if there existed a dispute.


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March 27, 2012

Executive Session – Legal Issue

Mrs. Kischak moved to enter into executive session and was seconded by Dr. Nicoletti. An executive session to discuss litigation was invoked at 6:30 p.m. The boardroom was cleared with the exception of the assembled board members and Mrs. Mrijaj, the executive director.

The normal session resumed at 7:30 p.m.

Resolution No. 2012–11: Approve the Hiring of Legal Counsel

The board demonstrated its affirmation of Resolution: 2012–11 with a motion made by Mrs. Kischak to approve Resolution: 2012–11, and seconded by Dr. Nicoletti. The board passed Resolution: 2012–11, four to zero (Mr. Nigrello, absent).

Mr. Curti stated for the record, that “this is an ultra vires situation and not authorized.” Chairman Regan responded, “The board does not agree. You are our counsel if we want you to be. We are a state chartered entity and have the right to choose our own counsel.” Mr. Curti declared, “What you did was improper.”

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, April 24, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Dr. Nicoletti moved that the meeting be adjourned and was seconded by Mrs. Kischak. The meeting was adjourned at 7:40 p.m.



City of Yonkers Parking Authority

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Regular Board Meeting MinutesApril 24, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, April 24, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:

Board members:Hon. William T. Regan, ChairmanMrs. Patricia Kischak, Vice ChairwomanMr. James Cavanaugh, MemberMr. Michael Ramondelli, Member



Visitors:Dr. Brian Nicoletti, Board Member EmeritusMr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Paul Hart, Esq., Senior Associate Corporation Counsel, City of Yonkers, NYMr. Arthur G. Melendez, YPA Employee

Call to Order


Acknowledgment of Dr. Brian Nicoletti’s Service

Chairman Regan opened the meeting with remarks acknowledging, outgoing vice – chairman, Dr. Brian Nicoletti’s service to the Yonkers Parking Authority board over a span of fifteen years from 1997 to 2012.



Affirmation of March 27, 2012 Board Minutes

Mr. Michael Ramondelli motioned to affirm the minutes of the regular board meeting, convened on March 27, 2012, and was seconded by Mrs. Patricia Kischak. The board affirmed the minutes of the meeting held on March 27, 2012, three to zero (Mr. Louis Nigrello, absent, Mr. James Cavanaugh abstained).

Affirmation of Minutes of March 27, 2012 Governance Committee Meeting

Mrs. Patricia Kischak motioned to affirm the minutes of the Governance Committee meeting, convened on March 27, 2012, and was seconded by Mr. Michael Ramondelli. The board affirmed the minutes of the Governance Committee meeting held on March 27, 2012, three to zero (Mr. Louis Nigrello, absent, Mr. James Cavanaugh abstained).

Resolution No. 2012–12: Approve Replacement of Revenue Control Equipment for the Government Center Garage (GCG)

Discussion ensued concerning replacement of revenue control equipment for the Government Center Garage; specifically a computerized cash register for twenty–five thousand ($25,000) dollars. Mr. James Cavanaugh inquired about the cost of the revenue control equipment. Mr. Cavanaugh also asked if the intention was to eventually purchase an entire system upgrade costing two hundred and fifty thousand ($250,000) dollars. Chairman Regan responded in the affirmative. Mr. Cavanaugh noted that he had previously gone through raised gates at the Government Center Garage prior to eight o’clock. Mr. Cavanaugh was informed that, that was usually due to a request from the City administration to raise the gates.

Mrs. Patricia Kischak moved to approve Resolution: 2012–12, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–12, four to zero (Mr. Louis Nigrello, absent).

Resolution No. 2012–13: Approve Repair of Retaining Wall at the Morris Street Parking Lot.

Resolution No. 2012–13 to approve the repair of the retaining wall at the Morris Street parking lot was presented to the board for their consideration. Mr. Cavanaugh asked if the solution for the repair of the retaining wall at the Morris Street parking lot had been put forward by the Yonkers city engineer or by the Yonkers Parking Authority staff. Mr. McLynn answered both. Mr. Cavanaugh asked if the funds were coming out of the Authority’s capital funds. Chairman Regan responded the Reserve.

Mrs. Patricia Kischak moved to approve Resolution: 2012–13, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–13, four to zero (Mr. Louis Nigrello, absent).



Resolution No. 2012–14: Approve Repair and Resurfacing of Authority Parking Lots

The board reviewed resolution no. 2012-14 to approve repair and resurfacing of Authority parking lots. Mr. McLynn noted that in his tenure with the Authority, several parking lots have not been resurfaced. Mr. McLynn indicated that Authority operations staff had met with city engineers to obtain estimates for costs of repairing and resurfacing the parking lots in question: St. Anthony lot, Ludlow lot, South Broadway lot, a portion of the Lawrence lot as well as a portion of the Hudson lot. Mr. Cavanaugh asked if the City of Yonkers was responsible for paving the parking lots. Mr. McLynn responded “we are. Engineering advised us that the City had an active Bid that the YPA could piggyback on rather than go out for new quotes” Mrs. Mrijaj added that the city engineers calculated the footage of the parking lots and provided estimates of the cost.

Chairman Regan noted that the existing City’s contract was probably from old Capital Improvement Program (CIP) funds that would be used. Mr. Cavanaugh indicated that if the board was going to spend one hundred forty–two thousand ($142,000) dollars that he just wanted to know that the “City of Yonkers is in agreement with this.” “We want to see something in writing.” Mr. Ramondelli concurred saying that he was in agreement with the new member. Mr. Cavanaugh again reiterated that, “I just want to see something in writing.”

N.B. Mr. McLynn stepped out of the boardroom to get copies of the e-mails containing quotes and bid information from Engineering reflecting the costs of the resurfacing.

Other Business:

Westchester County Annual Statement of Financial Disclosure

Ms Maros Victoria distributed manila envelopes received from the Westchester County Law department allegedly containing Westchester County Annual Statements of Financial Disclosure to the assembled board members. Upon opening the envelopes, the board members found them to be empty. Ms Maros Victoria indicated that the matter would be rectified by the next board meeting.

City of Yonkers Inspector General’s (IG) Consolidation Report

The board discussed the outgoing City of Yonkers’ Inspector General’s (IG) report concerning consolidation of the Yonkers Parking Authority with the City of Yonkers. Chairman Regan noted that during January 2012, the Authority had submitted documents and financials to the IG’s office as part of their investigation concerning the hiring of the executive director, Mrs. Mrijaj. Chairman Regan observed that Mr. Dan Schorr, the inspector general, chose to ignore data and did not factor in the cost of changing the unions from the Civil Service Employees Association, Inc. (CSEA) to the Teamsters 456. Mr. Cavanaugh said “where do we go from here?”



City of Yonkers Inspector General’s (IG) Consolidation Report cont.

Mr. Cavanaugh said further that he had read the report of the Inspector General (IG) and your report which was very complete. The City Council asked the Inspector General (IG) to prepare the report. Mr. Cavanaugh continued indicating that either the IG’s report was incomplete or yours as they say. Mrs. Mrijaj noted that normally the Inspector General would attach those comments, “he did not. Therefore, his report was incomplete.” Mrs. Kischak added, “This is your response here.” Mrs. Mrijaj rejoined “I wasn’t going to change any minds. I told the Inspector General that his report was absolutely incomplete and flawed.” Mr. Ramondelli noted that “there is a lot of gray area in the Inspector General’s report.”

Mr. Cavanaugh replied that he was disappointed and that rightly or wrongly “we have a responsibility to the public.” Mr. Cavanaugh observed that “normally when you consolidate there is a savings. I would ask that this Authority reach out to the Council or the Mayor’s office. The City needs to have the information to make the right decision. There should be conversation. We want to discuss where you are wrong.” Chairman Regan asked “to what end?” Mr. Cavanaugh responded that “on all levels we need to have dialogue.” Mrs. Mrijaj responded “No one from the administration contacted us ever. All of this communication was done through the media. I am not interested in dissolving the Authority so I am not going to encourage anything.” Mr. Cavanaugh retorted, “This is not about personal agendas.” Mr. Michael Ramondelli agreed saying that “I agree that there needs to be conversation. Mrs. Patricia Kischak noted that “he (Dan Schorr) wrote this on the eve of his departure. This is an incomplete report.” Mr. Ramondelli said, “As a board member I have not had any communication from the Mayor’s office.”

Yonkers Parking Authority Bylaws, Article I – Officers

Chairman Regan indicated that the vice-chairman position was vacant as a result of Dr. Nicoletti’s term expiration. Chairman Regan indicated that Mr. Nigrello had been the secretary for a number of years. Chairman Regan nominated Mr. Ramondelli to be the board’s vice-chairman. Mr. Ramondelli declined the nomination saying that he had only ten (10) more months to serve and nominated Mrs. Kischak. Mr. Regan agreed and Mrs. Kischak accepted the nomination. The board voted unanimously to accept Mrs. Kischak as its new vice-chairwoman.

Updates:

Outstanding Invoices Due to the Authority by the City of Yonkers

Executive Director, Mrs. Mrijaj, reported to the board regarding the status of outstanding invoices due to the Yonkers Parking Authority by the City of Yonkers, since January 2012, in the amount of one hundred fourteen thousand nine hundred twenty-two ($114,922) dollars.



Outstanding Invoices Due to the Authority by the City of Yonkers cont.

Mrs. Mrijaj stated that “as of today, all outstanding invoices have been satisfied.” Mrs. Kischak wondered if going forward the Authority would experience similar situations.

New Larkin/Warburton Garage

Mrs. Mrijaj briefed the board concerning the new Larkin/Warburton garage indicating that a meeting had been held, on April 6, 2012, with Mr. Curti, Mr. Dunphy, and the Planning Commissioner, Mr. Jeff Williams, at Mrs. Mrijaj’s request. The outcome of the meeting was that according to Mr. Dunphy the Authority was not entitled to run the new Larkin/Warburton garage since it was a private entity but would have to bid for it. Mr. Curti noted that Mr. Marsh’s entity would entertain bids for the operation of the garage. Mr. Curti indicated that the Authority would have to address it with Mr. Marsh. Mr. Regan stated that “it is public parking and the Yonkers Parking Authority has the right to manage the garage unless we decline.” Mr. Ramondelli asked “what is the difference between Ridge Hill parking and this?” Mrs. Mrijaj responded that Ridge Hill is private property and the streets have not been dedicated and with the Larkin garage city and county funds are being used. Mr. Cavanaugh asked “what is public parking?” and was answered by several individuals at the same time.

Mr. Curti noted that his understanding of the Economic Development plan is a rather complex transaction and that the City of Yonkers was not involved. Mr. Curti noted further that the Yonkers Parking Authority is not a signatory. Mr. Regan indicated that Dan Marsh put together the project with different sources of funds adding that the City of Yonkers has all of this information. Chairman Regan restated that “it is public parking and the Yonkers Parking Authority has a right to operate it.”

N.B. Mr. McLynn stepped out of the boardroom.


Mr. Dalli reported to the board with regard to the ongoing repairs being done at the Government Center Garage declared that most of the concrete work had been completed on the roof but that work had stopped due to a funding issue. Mr. Dalli added that work would commence again on Monday, April 30, 2012, on the supports and would take approximately another thirty (30) days to complete the work.


Mr. McLynn briefed the board concerning the repair to the Ashburton Park-a-Drome. Mr. McLynn expressed that engineers had encountered additional concrete work that needed to be done during the first phase of the project. Mr. McLynn noted that repair of the Northeast stair



Ashburton Park-a-Drome Structural Condition / Repairs cont.

tower would be moved to phase two so that the funds would be available for the additional concrete work necessary.


Mrs. Mrijaj updated the board concerning the results of the requisite groundwater sampling done by Henningson, Durham & Richardson Architecture and Engineering P.C. (HDR) of White Plains, New York at the Lockwood lot (310 Saw Mill River Road) in mid February 2012. Mrs. Mrijaj reported that she had received a communication from the project engineer, Ms Noemi Castillo, indicating that the results revealed that a reduction in the chemicals was evident and that HDR would be submitting their findings to the Department of Environmental Conservation (DEC) and the Department of Transportation (DOT) in the next few weeks. Mrs. Mrijaj said that she would inform the board as soon as she received the final report.

Flea Market

Mr. Dalli reported to the board regarding the status of the flea market held on Sundays at Nepperhan Avenue parking lots. Mr. Dalli said that while the event had been rained out twice it had been very well received. Mr. Dalli noted that the flea market was averaging about thirty (30) vendors and expected to max out at fifty (50) vendors by summer. Mr. Dalli added that the vendors were consistently increasing and that the project was operating in the black. Mrs. Kischak asked if any ads had been run and was informed that ads had been run in the weekend section of the Journal News and on the City channel. Mr. Ramondelli asked about clean-up. Mr. Dalli answered that it was “not bad at all, and that it is a matter of educating the vendors regarding not leaving un-saleable items behind.” Mr. Regan asked “what is the promoter doing?” Mr. Dalli responded that the promoter was sending out flyers to all flea markets in the New York region.


Mrs. Mrijaj updated the board with regard to the Authority’s 2012 proposed Capital Improvement Plan (CIP) alluding to the list that had been provided to the board the prior month. Mr. Regan asked “what is the time factor?” adding “does the board want to approve the arrangement of the one hundred forty-two thousand ($142,000) dollars between the Yonkers Parking Authority and the City of Yonkers?” Mr. Cavanaugh inquired “where does it say one hundred forty-two thousand ($142,000) dollars?

N.B. Mr. McLynn handed out copies of emails from the City of Yonkers Engineering department reflecting costs.


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April 24, 2012

2012 Proposed Capital Improvement Plan (CIP) cont.

Mr. James Cavanaugh moved to approve Resolution: 2012–14, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–14, four to zero (Mr. Louis Nigrello, absent).

Mrs. Kischak asked if there was a maintenance schedule. Mr. McLynn responded that he was in the lots every day.

Union Negotiation

Mrs. Mrijaj updated the board that no further discussions with the union had transpired.

Auditor’s Report

Mr. Dalli informed the board that the Auditor’s report would be ready and presented at the next board meeting.

Mayor’s Proposed Budget – Buena Vista Garage

Mrs. Mrijaj reported to the board that the Mayor has chosen to project zero “0” for the 2013 city budget for the Buena Vista Garage operating deficit adding that, that would have a financial impact on the Yonkers Parking Authority and is also in violation of the Operating agreement.Mrs. Mrijaj noted that the Buena Vista Garage was built to encourage building at the waterfront. Mrs. Mrijaj added that with the closing of the Larkin Plaza lot that there were more parkers at the Buena Vista Garage. Mr. Regan clarified as a point of reference that the amount in the City budget was determined every year by Joseph (Mr. Dalli) as did his predecessor by sitting down with the city controller to figure out the projected operational deficit for the garage. Mr. Regan observed that the figures while currently showing a two hundred seventy thousand ($270,000) dollar deficit were going to be closer to last year’s.

Financial Report: March 2012

Mr. Dalli presented the financial report for March 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $391,978 in revenues under the YPA Account and $71,228 under the Buena Vista Garage (BVG) Account during March 2012.

Expenditures for March 2012 totaled $410,656 for the YPA and $82,865 for BVG; resulting in a deficit of $11,637 under the YPA and a deficit of $18,678 under BVG.


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Financial Report: March 2012 cont.

YPA revenues reflected a decrease of two (2%) percent from March 2011 to March 2012, while BVG realized an increase of one (1%) percent from the previous year.

March 2012 expenditures for the YPA saw an increase of twenty-five (25%) percent as compared to March 2011, while BVG expenditures for March 2012 reflected an increase of thirty–nine (39%) percent in comparison with March 2011 expenditures.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, May 29, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Mrs. Patricia Kischak moved that the meeting be adjourned and was seconded by Mr. Michael Ramondelli. The meeting was adjourned at 6:50 p.m.



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Regular Board Meeting MinutesMay 23, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, May 23, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:

Board members:Hon. William T. Regan, ChairmanMrs. Patricia Kischak, Vice ChairwomanMr. Louis Nigrello, SecretaryMr. James Cavanaugh, MemberMr. Michael Ramondelli, Member


Visitors:Mr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Colin Gustafson, Reporter, the Journal NewsMr. Alan Kassay, CPA, O’Connor Davies, LLPMr. H. Chris Kopf, CPA, O’Connor Davies, LLPMr. Canute P. McLaughlin, YPA AccountantMr. Arthur G. Melendez, YPA Employee

Call to Order

Chairman Regan called the meeting to order at 5:30 p.m. introducing Messrs. Kassay and Kopf of O’Connor Davies Munns & Dobbins LLP, auditors for the Yonkers Parking Authority; as well as, Messrs. McLaughlin and Melendez, Authority employees, and Mr. Gustafson, reporter for the Journal News.

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Affirmation of April 24, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting, convened on April 24, 2012. Chairman Regan directed that a minor correction be made to the minutes. Vice-Chairwoman, Mrs. Patricia Kischak motioned to affirm the minutes of the regular board meeting, convened on April 24, 2012, and was seconded by Mr. Michael Ramondelli. The board affirmed the minutes of the meeting held on April 24, 2012, four to zero (Mr. Nigrello was absent during the April 24, 2012 meeting).

Audit Committee

The board meeting was paused with to permit Messrs. Alan Kassay, CPA, and H. Chris Kopf, CPA, of O’Connor Davies Munns, & Dobbins, LLP of White Plains, New York to present the Audit Report TY 2011-2010 to the Audit committee and assembled board members.

N.B. Mr. Curti, First Deputy Corporation Counsel, City of Yonkers, NY arrived at 5:51 p.m.

Mr. Nigrello asked “Who is that gentleman?” indicating Mr. Curti. Chairman Regan responded, “That is Mike Curti, the first deputy Corporation Counsel.”

Messrs. Kassay and Kopf concluded with their report and departed at 5:55 p.m. With no further audit committee business to be conducted the regular board meeting was resumed.

Resolution No. 2012–15: Approve Purchase of Two Replacement Operations Support Vehicles for the Rolling Stock

Resolution No. 2012–15 to approve the purchase of two (2) replacement operations support vehicles was presented to the board for their consideration. Mr. Louis Nigrello moved to approve Resolution: 2012–15, and was seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–15, five to zero.

Resolution No. 2012–16: Approve Purchase of Snow Plow Systems for Operations Support Vehicles

Resolution No. 2012–16 to approve the purchase of snow plow systems for (2) replacement operations support vehicles was also presented to the board for their consideration. Mr. Ramondelli asked what would be done with the old vehicles and plows. Mr. McLynn explained that they would be offered at auction.

Mr. Michael Ramondelli moved to approve Resolution: 2012–16, and was seconded by Mr. Louis Nigrello. The board passed Resolution: 2012–16, five to zero.



Resolution No. 2012–17: Approve Purchase of Parking Meter Housings

Discussion ensued concerning the purchase of parking meter housings and the price differences offered by the respective bidders. Mrs. Mrijaj explained the features of the different parking meter housings pointing out the advantages of the recommended parking meter housing that render it vandal resistant. Mr. Cavanaugh asked if there were any high traffic areas that could use muni meters. Mr. Dalli responded a pilot test had been done and had not been well received due to operational costs as well as inconveniences to elderly and handicapped parkers.

Mr. Louis Nigrello moved to approve Resolution: 2012–17, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–17, five to zero.

Resolution No. 2012–18: Approve Purchase of Parking Meter Mechanisms

Resolution No. 2012–18 to approve the purchase of parking meter mechanisms was presented to the board for their consideration. The board discussed the advantages and disadvantages of the different parking meter brands. Mr. Ramondelli asked about the ratio of the different parking meter brands installed throughout the city. Mrs. Mrijaj responded that she would forward him a list of the parking meter installed throughout the city.

Mrs. Patricia Kischak moved to approve Resolution: 2012–18, and was seconded by Mr. James Cavanaugh. The board passed Resolution: 2012–18, five to zero.

Alco Capital Group v. ACC Business et al

Mrs. Mrijaj briefed the board that the Authority had been served in a bankruptcy proceeding involving a former renter at the Chicken Island parking facility. The case is being handled by the Authority’s insurance company, Chartis.

Yonkers Parking Authority Lawsuit versus the City of Yonkers

Discussion ensued regarding the Authority’s lawsuit against the city administration to oblige the city to release the Authority’s funds so that it could discharge its legal obligations. Mr. Cavanaugh said, “This is a serious step the board needs to vote on it.” Mrs. Mrijaj responded that the board had met in executive session and that the board had voted to approve the actions being taken. Mrs. Mrijaj added “This board gave me the authority to retain an attorney and to take necessary action to protect the Authority’s rights.” Mr. Cavanaugh indicated that, that was debatable. Mr. Regan noted that the city administration took the first step when it denied the Authority its money. Mr. Cavanaugh asked, “If there is not a vote of this board. There is nothing in writing and I have asked for it.” Mr. Nigrello asked other board members if there had been a



Yonkers Parking Authority Lawsuit versus the City of Yonkers cont.

vote. Mrs. Kischak responded that we were concerned that the ability to operate this Authority was impaired – we went three months without money. Mr. Cavanaugh said, “Money spent in pursuing this lawsuit is not authorized. It takes a vote of this board to spend money.” Mr. Regan responded, “The board voted to retain attorneys.”

Mr. Regan said, “There are two issues: holding monies, and when the attorneys were retained the city administration refused to release our money to pay the attorneys. The City’s position is that we are not entitled to choose our own attorney.” Mr. Cavanaugh opined that “We should not be commencing a lawsuit without discussing it.” Mr. Ramondelli said, “This board authorized a retainer of fifteen thousand ($15,000) dollars. It is my hope that the Yonkers Parking Authority and the City of Yonkers put aside any squabbles and recognize that we are here to serve the public.” Mr. Nigrello asked, “How long has the board used city attorneys?” Mr. Nigrello was informed that it had been actually twelve (12) years. Mr. Regan stated, “This board is an independent entity and it has the right to choose its own legal counsel.” Mr. Ramondelli opined, “My preference is not to spend the fifteen thousand ($15,000).” Mr. Regan responded, “All they have to do is release the money. Mr. Ramondelli said, “Maybe that can happen.” Mr. Regan asked Mr. Ramondelli, “Do you have any inside information?” Mr. Nigrello stated, “As a resident of this city, I don’t like to see this Authority sue the city.” Mr. Ramondelli indicated that he wished that “there had been a clear cut resolution. I was concerned about the outstanding funds.”

There was discussion that a board member should make contact with the Mayor’s office to commence a dialogue. The board agreed that Mr. Michael Ramondelli would contact the Mayor.

Updates:

Westchester County Annual Statement of Financial Disclosure

Ms Maros Victoria distributed manila envelopes received from the Westchester County Law department containing Westchester County Annual Statements of Financial Disclosure to the assembled board members.


Mr. McLynn reported to the board that there remained approximately three (3) weeks of work left to do at the Government Center Garage.



Updates cont:


Mr. McLynn updated the board that the work at the Ashburton Park-a-Drome was almost completed for the first phase adding that the engineer/ consultants would make a determination to allocate approximately ten to fifteen thousand ($10,000 – $15,000) dollars on where the remainder could be best spent to make an impact.


Mrs. Mrijaj briefed the board that she had received a notice from Ms Noemi Castillo, project engineer, at Henningson, Durham & Richardson Architecture and Engineering P.C. (HDR) of White Plains, New York concerning the results of the requisite groundwater sampling done at the Lockwood lot (310 Saw Mill River Road) in mid February 2012. Mrs. Mrijaj indicated that a telephone conference was scheduled within the next ten (10) days.

Flea Market

Mr. Dalli reported to the board that the flea market held on Sundays at Nepperhan Avenue parking lots was “doing very well;” It appears that the flea market operation will likely need to expand to a third parking lot. Mr. Nigrello asked “what kind of income are we getting?” Mr. Dalli responded, approximately two thousand five hundred ($2,500) dollars a week gross. Mr. Ramondelli asked about traffic issues related to the flea market and was informed that there was plenty of parking available. Mr. Dalli said that the Market was very well attended. Mr. Dalli was asked whose responsibility was it to advertise. Mr. Dalli answered that the Authority had contacted channel 78 as well as LoHud; and that the flea market promoter had also been promoting it in other flea markets within the area.


Mrs. Mrijaj briefed the board that the last items on the original proposed capital improvement list were parking meter poles and revenue control system which will be reflected at the next board meeting.

Union Negotiation

Mrs. Mrijaj reported that there was still no change in union negotiations. Mr. Nigrello stated that he wished to be present at the labor management negotiations. Mrs. Kischak was surprised that management had not been approached by the union. Mr. Regan noted that the union was focused on whether the Yonkers Parking Authority will exist.

Yonkers Parking AuthorityRegular Board Meeting Minutes

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May 23, 2012

Financial Report: April 2012

Mr. Dalli presented the financial report for April 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $349,599 in revenues under the YPA Account and $58,558 under the Buena Vista Garage (BVG) Account during April 2012.

Expenditures for April 2012 totaled $337,329 for the YPA and $74,423 for BVG; resulting in a surplus of $12,270 under the YPA and a deficit of $15,865 under the BVG.

YPA revenues reflected an increase of three (3%) percent from April 2011 to April 2012, while BVG also realized an increase of five (5%) percent from the previous year.

April 2012 expenditures for the YPA saw an increase of two (2%) percent as compared to April 2011, while BVG expenditures for April 2012 reflected a decrease of ten (10%) percent in comparison with April 2011 expenditures.

Larkin / Warburton Garage Request for Proposal (RFP)

Discussion ensued concerning the Larkin / Warburton Garage Request for Proposal. Mr. Regan opined that, “Our position is that we have a right to operate this garage. Today, we received a letter from Mr. Ed Dunphy, Acting Corporation Counsel that we don’t have the right.”

N.B. Mr. Colin Gustafson, reporter for The Journal News departed at 6:55 p.m.

Mr. Regan continued, “To meet this deadline we are looking to submit this proposal.” Mrs. Mrijaj noted, “This Authority has never had to submit an RFP for parking operations. I leave it to the board to vote to authorize the RFP submission.”

Resolution No. 2012–19 to approve the submittal of Proposal to Request for Proposal (RFP) for the operation of the Larkin/Warburton Garage was voted upon granting Authority staff approbation to submit the proposal subject to review of the Yonkers Parking Authority board.


Multi–Space Units

Mr. Dalli reported to the board that the Authority has multi–space units that require repair at the Belmont and Radford parking lots. Mr. Dalli further reported that the Authority was currently in negotiation with the Parkeon Company who desired that the Authority enter into a five (5) year


May 23, 2012 of 62

Multi–Space Units cont.

extended warranty agreement for the multi–space units at the Radford lot. Mr. Dalli indicated that the Authority is seeking to negotiate a service agreement for a term of three (3) years. Mr. Dalli also indicated that the units in question were proprietary and that new machines cost fifteen thousand ($15,000) dollars each. Mrs. Mrijaj said, “We don’t want to spend another month losing revenues nor do we want to wait until the next board meeting” The board was unanimous in its approval to proceed with the extended warranty agreement. A formal vote will be taken at the June 26, 2012 meeting.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, June 26, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Mrs. Patricia Kischak moved that the meeting be adjourned and was seconded by Mr. Michael Ramondelli. The meeting was adjourned at 7:05 p.m.




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Regular Board Meeting MinutesJune 26, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, June 26, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Visitors:Mr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Arthur G. Melendez, YPA Employee

Call to Order


Affirmation of May 23, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting, convened on May 23, 2012. Mr. Michael Ramondelli motioned to affirm the minutes of the regular board meeting, convened on May 23, 2012 and was seconded by Mr. Louis Nigrello. The board affirmed the minutes of the meeting held on May 23, 2012, five to zero



Affirmation of Audit Committee Minutes

Mr. Michael Ramondelli motioned to affirm the minutes of the Audit Committee meeting, held on May 23, 2012, and was seconded by Mrs. Patricia Kischak. The board affirmed the minutes of the Audit Committee meeting held on May 23, 2012, five to zero.

Resolution No. 2012–20: Approve Purchase of Galvanized Pipe (2¼ x 54 inches) for Use as Single Space, Parking Meter Poles


Resolution No. 2012–21: Approve Extended Warranty Agreement by and between the Yonkers Parking Authority & Parkeon Inc. (effective: 5 June 2012 – 4 June 2015) for the Radford Lot

Mrs. Patricia Kischak moved to approve Resolution: 2012–21, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–21, five to zero.

Resolution No. 2012–22: License Agreement between the Yonkers Parking Authority & Nepperhan Heights Associates, LLC (August 01, 2012 – July 31, 2017)

Mr. Louis Nigrello moved to approve Resolution: 2012–22, and was seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–22, five to zero.

Resolution No. 2012–23: Approve Purchase of Two Replacement Operations Support Vehicles for the Rolling Stock AMENDED

Mr. James Cavanaugh moved to approve Resolution: 2012–23, and was seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–23, five to zero.


Mrs. Mrijaj updated the board regarding the Alco case in which the Authority is a defendant in a bankruptcy proceeding involving a former renter at the Nepperhan parking facilities. The case is being handled by the Authority’s insurance company, Chartis. Ms Maros Victoria added that defense counsel was of the opinion that the case should be settled to avoid further legal costs.

N.B. Mr. Curti, First Deputy Corporation Counsel, City of Yonkers, NY arrived at 5:50 p.m.




Mrs. Mrijaj briefed the board that there was still no change concerning the status of the case and that a determination by the judge was awaited. Mr. Cavanaugh asked “how much have we spent so far?” referring to the legal costs to litigate the case. Mr. Cavanaugh also asked from which budget line the funds would come from to pay for the legal costs. Mr. Cavanaugh wanted the minutes to reflect his objection to spending an amount over fifteen thousand ($15,000) dollars and that the board should authorize any expenditures over fifteen thousand ($15,000) dollars in this matter. Mr. Ramondelli indicated that he wished the matter to be resolved soon. Chairman Regan emphasized that no money had yet been disbursed since the City administration had not released the retainer check. Mr. Dalli informed Mr. Cavanaugh that the monies would be drawn from professional fees.

Updates:


Mr. McLynn updated the board that a few small cement patches still needed to be replaced. Mr. McLynn added that the city engineers had closed off staircases due to hazardous conditions.


Mr. McLynn briefed the board that there was a conflict between the Authority’s liaison, the City of Yonkers engineering department and the contractor concerning the expansion joint portion of the project.


Mrs. Mrijaj updated the board that there were a few more steps to be taken by the Authority’s consultant and the Department of Environmental Conservation (DEC) before the final report is issued. Mrs. Mrijaj indicated that while the test results had been good, the Department of Environmental Conservation (DEC) may require one more sampling before the Brownfields case is closed.

Flea Market

Mr. Dalli reported to the board that the flea market held on Sundays at Nepperhan Avenue parking lots was “at full capacity” at the most recent event. Mr. Dalli added that both lots were being fully utilized. Mr. Dalli was asked about the revenue aspects and Mr. Dalli responded, approximately two thousand ($2,000) dollars a week net.


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June 26, 2012


Mrs. Mrijaj informed the board that every item on the original proposed capital improvement list had been bid and approved.

Union Negotiation

Chairman Regan reported that Mrs. Mrijaj, Mr. Nigrello, and himself, had met with union representatives and that both parties would prepare a list of proposals to be discussed at the next meeting scheduled for July 11, 2012.

Yonkers Parking Authority Lawsuit versus the City of Yonkers resumed.

Chairman Regan noted that at the last meeting that Mr. Ramondelli was going to reach out to the Mayor. Mr. Ramondelli indicated that he had met with the Mayor and observed that he realized that there had been a complete breakdown of communications. Mr. Ramondelli also said that the Mayor disagreed with the Authority’s position concerning the City’s proposed takeover of the Authority adding that a possible feasibility study was discussed. Mr. Ramondelli indicated that there were dates available in July for the Chairman and the Executive Director to meet with the Mayor.

Chairman Regan informed the board that former Mayor Amicone had met with Mayor Spano last Wednesday (June 20, 2012) on a one on one basis and it had proved to be a cordial meeting. Mr. Regan also noted that there was concern on Mr. Spano’s part concerning the resolution before the state legislature to increase the current five (5) member board to nine members as the state Assembly adopted the resolution but the state Senate did not.


Mrs. Mrijaj briefed the board that the Authority had not yet received any word on the Larkin / Warburton garage RFP.

Financial Report: May 2012

Mr. Dalli presented the financial report for May 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $335,485 in revenues under the YPA Account and $44,324 under the Buena Vista Garage (BVG) Account during May 2012.

Expenditures for May 2012 totaled $302,317 for the YPA and $75,841 for BVG; resulting in a surplus of $33,168 under the YPA and a deficit of $31,517 under the BVG.


June 26, 2012 of 62

Financial Report: May 2012 cont.

YPA revenues reflected an increase of nine (9%) percent from May 2011 to May 2012, while BVG also realized an increase of one (1%) percent from the previous year.

May 2012 expenditures for the YPA are two (2%) percent less than May 2011, while BVG expenditures for May 2012 reflected an increase of eleven (11%) percent in comparison with May 2011 expenditures.

Mr. Cavanaugh asked to get a breakdown of the health care costs and allocation between the Yonkers Parking Authority and the Buena Vista Garage accounts. Mr. Dalli responded that he would provide the requested information.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on September 25, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Michael Ramondelli moved that the meeting be adjourned and was seconded by Mrs. Patricia Kischak. The meeting was adjourned at 6:30 p.m.




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Regular Board Meeting MinutesSeptember 25, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, September 25, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Visitors:Mr. Brendan J. McGrath, Esq., Deputy Corporation Counsel, City of Yonkers, NY

Call to Order


Affirmation of June 26, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting convened on June 26, 2012. Mr. Michael Ramondelli motioned to affirm the minutes of the regular board meeting of June 26, 2012 and was seconded by Mr. Louis Nigrello. The board affirmed the minutes of the meeting held on June 26, 2012, four to zero (Mr. Cavanaugh absent).



Chairman Regan announced that the Governance Committee meeting had been postponed until the October 30, 2012 board meeting and that the Audit Committee meeting would take place on November 27, 2012.

N.B. Mr. Cavanaugh arrived at 5:39 p.m.

Resolution No. 2012–24: Renewal of Maintenance Agreement by and between the Yonkers Parking Authority and Superior Communications, Inc. (effective: July 01, 2012 – June 30, 2013)

Mrs. Patricia Kischak moved to approve Resolution: 2012–24, and was seconded by Mr. James Cavanaugh. The board passed Resolution: 2012–24, five to zero.

Resolution No. 2012–25: Renewal of License Agreement for Designated Parking between the Yonkers Parking Authority and Malecon Restaurant (September 01, 2012 – August 31, 2015)

Mr. Louis Nigrello moved to approve Resolution: 2012–25, and was seconded by Mrs. Patricia Kischak. The board passed Resolution: 2012–25, five to zero.

Mr. Cavanaugh inquired if the lease in question contained a clause forbidding the current permit holder from subletting the leased parking spaces. Executive Director Mrijaj indicated that a clause would be included in the current lease as well as in future leases. Chairman Regan added that the resolution in question would be adopted with the inclusion of a “no subletting” clause within the body of the license agreement.

Resolution No. 2012–26: Reaffirm Retention of Legal Counsel

Mr. Ramondelli requested an update on the litigation versus the City of Yonkers to date. Mrs. Mrijaj replied that the City of Yonkers had filed an opposition in response to the Authority’s motion to reargue which had been filed on August 31, 2012 to which the Authority’s attorneys responded on September 7, 2012. Mr. Ramondelli stated that this resolution is to affirm our position which is the same as it was in March 2012; “I am of the opinion that we have the right to spend what we need to defend our rights.” However, the only thing that I would do different is to insert a cap on cost. The board would require Mrs. Lisa Mrijaj and the attorneys to come back to us to make their case for further expenditures. Vice Chairwoman Kischak agreed saying, “in this instance, however, we can’t put a cap on it as the train has left the station.”

Mrs. Mrijaj was asked what the amount of the legal bill was to date. Mrs. Mrijaj responded that “we are up to thirty-seven thousand five hundred thirty-five ($37,535) dollars up to the end of August 2012. We expect at least one more bill for the September 12, 2012 activity on filings and resubmission of Article 78.” Mr. Regan noted that if the City of Yonkers wants to appeal this judge’s decision the case will go on.



Resolution No. 2012–26: Reaffirm Retention of Legal Counsel cont.

Mr. Ramondelli said that the resolution was fine but that he had a few changes he’d like to make; third paragraph, delete part of the first sentence beginning with ‘city and ending with Authority’, then sixth paragraph, fourth line delete ‘and existence’. Mr. Ramondelli further said that “we exist only so far as the City of Yonkers legislative body wishes us to exist.”Chairman Regan responded “no, only if they wish to retire the two million ($2,000,000) dollar bonds they can.” Mr. Cavanaugh stated that “the administration agrees that the Yonkers Parking Authority can be rolled into the Parking Violations Bureau – that’s all the Administration said. They never said they wouldn’t.” Mr. Nigrello interjected saying that “an attempt was already made to pay it (debt) off partially in the city’s proposed budget.”

Mr. Cavanaugh noted that the service agreements very clearly say that the attorneys work under the direction of the City of Yonkers and that the resolution was illegal as it was done in executive session. Mrs. Mrijaj reminded the board that the Mayor has directed the Commissioner of Finance not to issue the check payable to the attorneys for the Yonkers Parking Authority and that we met in executive session to discuss the needs and whys of litigation and then went into open session and voted to hire attorneys.

Mr. Cavanaugh asked “why are we voting on this resolution?” Chairman Regan responded “We are doing it at your repeated requests.” Mr. Ramondelli confirmed this and added that once the judge renders a decision a discussion is needed by the board if the attorneys find it necessary to proceed further.

Resolution No. 2012–26: Reaffirm Retention of Legal Counsel

Mrs. Patricia Kischak moved to approve Resolution: 2012–26, and was seconded by Mr. Michael Ramondelli. The board passed Resolution: 2012–26, four to zero (Mr. Cavanaugh voted nay).

Resolution No. 2012–27: Board Request for Legal Updates on Article 78 lawsuit versus the City of Yonkers

Be it resolved that the Yonkers Parking Authority board hereby directs the executive director to apprise the board of any legal activity as it occurs on the current Article 78 lawsuit versus the City of Yonkers.

Be it Further Resolved that prior to the initiation (if necessary) of an appeal with regard to the aforesaid Article 78 lawsuit that the attorneys will meet with the members of the Yonkers Parking Authority board.

Mr. Nigrello moved to approve the resolution (2012–27) and was seconded by Mr. Ramondelli.The board passed Resolution: 2012–27, five to zero




Mrs. Mrijaj briefed the board regarding the Alco case in which the Authority is a defendant in a bankruptcy proceeding involving a former renter at the Nepperhan parking facilities. Ms Maros Victoria added that the case is being handled by the Authority’s insurance company, Chartis; and that defense counsel had advised that the case should be settled to avoid additional legal costs. Mrs. Kischak indicated that she would like to see a statement that the Yonkers Parking Authority was subject to a case under New Jersey jurisdiction.

Updates:


Mrs. Mrijaj informed the board that the Authority had not yet received any official response on the Larkin / Warburton garage RFP.


Mr. McLynn briefed the board that the repairs at the Government Center Garage had been completed. Mr. Cavanaugh stated that the state of the Government Center Garage was horrible and that he had seen “urine yesterday and again today.” Mr. McLynn said that he would look into the matter and that it was an ongoing problem at the Government Center Garage.


Mr. McLynn reported to the board that the stairwell needed to be re–welded when the walk through had been done. Mr. McLynn said that the concrete work had been completed. Mr. McLynn noted that left over money from Phase One of the renovation would be used to repoint the stairwell. Mr. McLynn also reported that the City of Yonkers Engineering department was awaiting approval by the City’s Board of Contract and Review for an extension to the Phase One contract so that the additional work, (the repointing of the stairwell) can be done with the leftover funds.


Mrs. Mrijaj updated the board that there were a series of five (5) more steps to be taken and very likely one more sampling by the Authority’s consultant would be needed. Mrs. Mrijaj said that we are waiting on the Department of Environmental Conservation (DEC) as to when a hopefully, final sample may be taken before the Brownfields case is closed. Mrs. Mrijaj added that we are also waiting on the final engineering report and approval of the SAC amendment submitted to cover the cost of the final testing. The consultant did not have a time line yet but would keep us posted.


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September 25, 2012

Flea Market

Mr. Dalli reported to the board that the flea market held on Sundays at Nepperhan Avenue parking lots was doing very well and that the Authority had netted approximately forty thousand ($40,000) dollars since the flea market opened during the last weekend of March 2012.

Union Negotiation

Chairman Regan updated the board stating that “we have had several meetings with the union. Mr. Regan noted that the next meeting was scheduled for October 10, 2012.

Executive Session (union negotiations)

Mr. Ramondelli motioned to go into executive session to discuss the union negotiations and was seconded by Mrs. Kischak. The executive session was convened at 6:28 p.m. The regular session was reconvened at 7:00 p.m.

Financial Report: Summer 2012 (incorporating the months of June, July, and August 2012)

Mr. Dalli presented an overview of the financial reports for summer 2012, incorporating the months of June, July, and August 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $1,109,565 in revenues under the YPA Account and $220,133 under the Buena Vista Garage (BVG) Account during the months of June, July and August 2012.

Expenditures for summer 2012 totaled $1,292,708 for the YPA and $250,463 for BVG; resulting in a deficit of $183,143 under the YPA as well as a deficit of $30,330 under the BVG.

YPA revenues reflected a decrease of four (4%) percent from summer 2011 to summer 2012, while BVG also realized an increase of one (1%) percent from the previous year.

Summer 2012 expenditures for the YPA are forty–two (42%) percent more than last year’s figures, while BVG expenditures reflected an increase of twenty (20%) percent.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on October 30, 2012, at Authority offices.


September 25, 2012 of 62

Conclusion

With no further business to be discussed, Mr. Louis Nigrello moved that the meeting be adjourned and was seconded by Mr. Michael Ramondelli. The meeting was adjourned at 7:10 p.m.




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Regular Board Meeting MinutesNovember 05, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board initially scheduled for Tuesday, October 30, 2012, and postponed due to Hurricane Sandy was convened on Monday, November 05, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Visitors:Mr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Colin Gustafson, Reporter, for the Journal NewsMr. Hezi Aris, Reporter, for the Yonkers Tribune

Call to Order




Affirmation of September 25, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting convened on September 25, 2012. Mr. Michael Ramondelli motioned to affirm the minutes of the regular board meeting of September 25, 2012 and was seconded by Chairwoman Patricia Kischak. The board affirmed the minutes of the meeting held on September 25, 2012, five to zero.

Governance Committee

The Yonkers Parking Authority board Governance committee met, as scheduled, to discuss a proposed modification to the Yonkers Parking Authority Bylaws last modified in 2009. Chairman Regan announced that there were three (3) proposed revisions for the board’s deliberation:

1. Proposed election of the Chairman and the timing of that;2. Article II, proposed revisions to the Attendance requirements for board members;3. Article III, proposed retention of professional services.

Mr. Cavanaugh protested that the bylaws could not be modified and voted upon without forethought being exercised. Chairman Regan stated that for the record there was never any intention to vote on modifying the bylaws at this meeting. It is open for discussion now or at the next meeting. Chairman Regan indicated that after further review he wanted to withdraw the first proposal.

Mr. Cavanaugh suggested that the notice time for a special meeting found in Section III be amended from six (6) to twenty–four (24) hours, Mr. Cavanaugh noted that a twenty–four (24) hour notice is utilized by the City Council. Mr. Regan asked the board for their input. Mr. Regan noted that the proposed twenty–four hour notice would be added to the proposed revision to the bylaws.

Mr. Cavanaugh noted that the proposed revision of Article III concerning the retention of professional services took him back a bit. Mr. Regan asked “how so?” Mr. Regan said the board has to retain professional services. Mr. Cavanaugh responded that it seemed to him that the board would then have less of a supervisory capability. Mr. Nigrello said, "It’s always been my impression that we haven’t given the executive director direction without the executive director letting us know what the status was – in my experience that’s the way it’s been done".

The board inquired if the proposed purchasing guidelines were more stringent than the City of Yonkers’ purchasing requirements, Mr. Dalli answered, yes.

Mr. Regan stated that by the next board meeting the board would have before them the two revised proposals.



Resolution No. 2012 – 28: Supplemental Lease Agreement for Leased Space at the Government Center Garage between the Yonkers Parking Authority and United States Department of Veterans Affairs (October 01, 2012 – September 30, 2017)

Mr. Cavanaugh raised the issue that he had a concern with the YPA providing free rent to the Veterans Administration that had a budget of 112 billion. Mr. Dalli responded that the Veterans Administration had absorbed most of the overhead costs such as maintenance of the HVAC, electricity, plumbing and internal construction. Mr. Regan asked, “What is different between the proposed lease and the last one?” Mrs. Mrijaj mentioned that a no subletting clause had been included in the lease.

Mr. Ramondelli asked Mr. Dalli, “Do we know how other municipalities handle similar leases?” Mr. Nigrello noted that as an individual who uses the Veteran’s clinic that it would be awful to the veterans of Yonkers if the clinic were relocated outside of Yonkers. Mr. Cavanaugh said, “I just wonder why we should be providing free rent to a federal agency.” Mr. Cavanaugh also expressed concern that the current proposed lease had no opt out clause. Mr. Dalli agreed to do the research.

N.B. Mr. Colin Gustafson, reporter for the Journal News arrived at 5:50 p.m.

Mr. Cavanaugh asked if the Veterans Administration would leave if the rent was raised more than the one dollar ($1) it was currently paying. Mr. Dalli responded that the answer was unknown.

Resolution: 2012–28 was not voted upon pending further information from Mr. Dalli and further discussion of the matter.

Resolution No. 2012 – 29: Addendum to License Agreement dated April 1, 2009 Between Jungle Gym Martial Arts and the Yonkers Parking Authority (Lockwood Parking Facility)

Mr. Ramondelli moved to approve the resolution (2012–29) and was seconded by Mr. Nigrello.The board passed Resolution: 2012–29, five to zero

Resolution No. 2012 – 30: Award Contract for Elevator Maintenance Service

Mrs. Mrijaj pulled resolution: 2012–30 off the table pending additional information from the vendor.

Resolution No. 2012 – 31: Proposed Modification of Yonkers Parking Authority Bylaws

Resolution: 2012–31 was not voted upon pending further deliberation of the proposed amendments to the Yonkers Parking Authority board bylaws.



Other Business:

Parking Meter Break–ins

The board was apprised of the recent parking meter break–ins. Mr. McLynn said that a police report was awaited shortly. Mr. Nigrello asked if this was a recent trend. Mr. McLynn responded, “Yes” noting that there had been a similar occurrence last year.

Pier Street Facility

Mrs. Mrijaj informed the board that a notice had been received from the City of Yonkers concerning the reversion of the Pier street facility. Mrs. Mrijaj indicated that the city had an interest in taking over the Pier street facility for their uses. Mr. McLynn noted that the biggest problem was the storage of our sweeper. Mrs. Mrijaj said that in the interim Mrs. Gerry had indicated that joint usage of the facility would not present a problem,

Chairman Regan asked if that included the parking lot to which Mrs. Mrijaj said that she didn’t know. Mrs. Mrijaj said that she would contact the deputy mayor requesting a clarification on the City’s request to take back the structure and the parking lot.

Sharing Community – Homeless

Mrs. Mrijaj informed the board that the Authority had been approached to support the relocation of the pick up point to transport the homeless to evening shelters. Mr. Regan wanted to know how many would be involved and who would pay for the shelter. Mrs. Kischak said according to the e-mail in the packet, it would be approximately forty to sixty (40–60) individuals. Mrs. Mrijaj answered that the City of Yonkers would pay for the shelter. Board members Kischak, Nigrello and Ramondelli had no problem with the shelter being relocated to the Chicken Island facility.


Mr. McLynn reported to the board that Phase–I of the renovated of the Ashburton Park-a-Drome had been completed.


Mrs. Mrijaj updated the board that our consultants were still awaiting formal approval from the Department of Environmental Conservation (DEC) in the form of documents although a verbal approval had been given.


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November 05, 2012

Flea Market

Mr. Dalli reported to the board that the flea market held on Sundays at Nepperhan Avenue parking lots was having a successful run and that as long as a minimum of seventeen (17) vendors wanted to work the flea market the operation would continue. Mr. Dalli reported that the Authority had netted approximately a bit under fifty thousand ($50,000) dollars since the flea market opened during the last weekend of March 2012.

Union Negotiation

The board was briefed that the next meeting with the union was scheduled for November 13, 2012. Mr. Nigrello indicated that he felt very confident about the proceedings thus far.

Executive Session (legal issues)

Mr. Ramondelli motioned to go into executive session to discuss matters of a legal nature and was seconded by Mr. Nigrello. The executive session was convened at 6:15 p.m.

Mrs. Kischak motioned to go out of executive session and was seconded by Mr. Ramondelli. No votes or actions were taken during executive session. The regular session was reconvened at 7:01 p.m.

Financial Report: September 2012

Mr. Dalli presented the financial report for September 2012 to the board.

The Yonkers Parking Authority (YPA) generated a total of $322,069 in revenues under the YPA Account and $66,714 under the Buena Vista Garage (BVG) Account during the month of September 2012.

Expenditures for September 2012 totaled $292,223 for the YPA and $73,617 for BVG; resulting in a surplus of $29,846 under the YPA as well as a deficit of $6,903 under the BVG.

YPA revenues reflected a decrease of sixteen (16%) percent from September 2011 to September 2012, while BVG also realized a decrease of nine (9%) percent from the previous year.

September 2012 expenditures for the YPA are five (5%) percent less than last year’s figures, while BVG expenditures similarly reflected a decrease of one (1%) percent.


November 05, 2012 of 62

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on November 27, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Louis Nigrello moved that the meeting be adjourned and was seconded by Mr. Michael Ramondelli. The meeting was adjourned at 7:15 p.m.




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The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, November 27, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Visitors:Mr. Michael V. Curti, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Arthur G. Melendez, YPA employee

Call to Order


Affirmation of November 5, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting convened on November 5, 2012. Mr. Louis Nigrello motioned to affirm the minutes of the regular board meeting of November 5, 2012 and was seconded by Chairwoman Patricia Kischak. The board affirmed the minutes of the meeting held on November 5, 2012, five to zero.



Affirmation of November 5, 2012 Governance Committee Minutes

The board reviewed the minutes of the Governance committee meeting convened on November 5, 2012. Mr. Louis Nigrello motioned to affirm the minutes of the governance committee meeting of November 5, 2012 and was seconded by Chairwoman Patricia Kischak. The board affirmed the minutes of the governance committee meeting held on November 5, 2012, five to zero.

Resolution No. 2012–32: Renewal of Service Agreement by and between the Yonkers Parking Authority & NetTech Solutions, LLC (effective: October 01, 2012 – September 30, 2013)

Mrs. Kischak moved to approve the resolution (2012–32) and was seconded by Mr. Cavanaugh.The board passed Resolution: 2012–32, five to zero

Resolution No.: 2012-33: Standstill Agreement between the Yonkers Parking Authority & United States Department of Veterans Affairs, effective October 2012–September 2013

A brief discussion ensued concerning the proposed standstill agreement between the Yonkers Parking Authority & United States Department of Veterans Affairs, effective October 2012–September 2013. Mr. Cavanaugh inquired about the ‘no holdover’ language including the proposed annual rent in the standstill agreement. Mrs. Mrijaj responded that the Department of Veterans Affairs (VA) wanted a standstill agreement to be able to negotiate a long term agreement. Mrs. Mrijaj noted that the proposed annual rent was based on the agreed upon figure of eighteen ($18) dollars per square foot.

Mr. Nigrello moved to approve the resolution (2012–33) and was seconded by Mr. Ramondelli. The board passed Resolution: 2012–33, five to zero

Resolution No. 2012–30: Award Contract for Elevator Maintenance Service

Mr. Ramondelli moved to approve the resolution (2012–30) and was seconded by Mrs. Kischak. The board passed Resolution: 2012–30, five to zero

Resolution No. 2012–31: Proposed Modification of Yonkers Parking Authority Bylaws

The board reviewed the proposed revisions to its current bylaws last amended in 2009. The board chose to vote on each of the proposed revisions separately.



Resolution No. 2012–31: Proposed Modification of Yonkers Parking Authority Bylaws cont.

PROPOSED REVISION No. 1:Article II, Section two. With regard to attendance of regular, or special, meetings of the

Yonkers Parking Authority board regular and special meetings, the Chairman of the Yonkers Parking Authority board, in his/her sole discretion, may excuse the absence of a YPA Board Member(s). Failure to attend three or more unexcused regular or special board meetings per calendar year may be probable cause for removal from the Board.

Mrs. Kischak moved to approve the revision to Article II, Section two of the bylaws and was seconded by Mr. Ramondelli. The board passed the revision to Article II, Section two, four to one (Mr. Cavanaugh voted nay).

PROPOSED REVISION No. 2:Article II, Section three. Special meetings of the Yonkers Parking Authority board

may be convened by the Chairman or, in his absence by the Vice-Chairman, or by any two members, to be held on any date or time or place. Notification of a special board meeting must be given at least twenty–four (24) hours prior notice in writing, or by telephone message, delivered or communicated personally to members, or to a person of proper age or discretion at their respective residences or usual place of business. The purpose of the meeting shall be stated at the time of service of such notice, and no other business may be transacted at such meetings; except by unanimous consent by all members present provided a quorum is present, in accordance with Article II, Section 3.

Any meeting of the Authority board shall be held in compliance with the State of New York Open Meetings and Freedom of Information laws.

Mr. Nigrello moved to approve the revision to Article II, Section three of the bylaws and was seconded by Mr. Cavanaugh. The board passed the revision to Article II, Section three, five to zero.

PROPOSED REVISION No. 3:Article III, Section one, subsection A. The retention of professional services including,

but not limited to, legal counsel, bond counsel, engineer and engineering services, may be required in order to carry-out the operational and/or programmatic mission of the Authority. Prior to engaging professional services, the Yonkers Parking Authority board, by resolution, shall authorize the Executive Director to retain said services. For informational purposes and to To facilitate duly authorized claims for professional services, the Executive Director shall forward a copy of the authorizing resolution to the Mayor, the Corporation Counsel and the Finance Commissioner.



Mr. Ramondelli moved to approve the revision to Article III, Section one, subsection A of the bylaws and was seconded by Mrs. Kischak. The board passed the revision to Article III, Section one, subsection A, four to zero (Mr. Cavanaugh voted nay).

PROPOSED REVISION No. 4:Article V, Section one, subsection A1. A minimum of two (2) verbal or written quotes

for any purchase of over $500.00 and under $1,000.00.

Mr. Cavanaugh moved to approve the revision to Article V, Section one, subsection A1 of the bylaws and was seconded by Mr. Ramondelli. The board passed the revision to Article V, Section one, subsection A1, five to zero.

Other Business:

Pier Street Facility

Mrs. Mrijaj updated the board that she had relayed to the deputy mayor, Ms Susan Gerry, that the board was receptive to the reversion of the Pier Street property back to the City of Yonkers. Mrs. Mrijaj noted that she had not yet received official notification from Ms Gerry on the topic; but that it appeared that the City of Yonkers wants the adjacent lot as well. Mr. Regan asked if the adjacent parking lot had any permit parkers utilizing the lot. Mrs. Mrijaj answered that there were six (6) permit parkers using the parking lot and that she had discussed sharing use of the lot between the Authority and the City with Ms Gerry,

Sharing Community – Homeless

Mrs. Mrijaj briefed the board that the proposed shelter had been damaged during transport causing a delay. Mrs. Mrijaj said that a shelter was scheduled to be installed that very evening.


Mrs. Mrijaj informed the board that defense counsel were preparing a motion to dismiss the case on the grounds that the plaintiff had failed to file a Notice of Claim upon the Authority prior to filing suit, as required by statue.


The board discussed the lawsuit. Mrs. Mrijaj said that Mr. Nigrello was going to speak with the Mayor.


November 27, 2012

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Larkin / Warburton Garage Proposal

Mrs. Mrijaj updated the board that an acceptance letter had been received on the Authority’s bid for management of the Garage. Mrs. Mrijaj added that no further details had been provided.


Mrs. Mrijaj informed the board that the Authority’s consultants were still awaiting formal approval from the Department of Environmental Conservation (DEC).

Flea Market

Mr. Dalli reported to the board that the flea market held on Sundays at Nepperhan Avenue parking lots was hugely successful and that the vendors had elected to continue until bad weather obliged them to stop for the winter. Mr. Dalli added that the flea market had only cancelled twice since its opening due to bad weather.

Union Negotiation

Chairman Regan briefed the board that the meeting with the union scheduled for November 13, 2012 had been cancelled by the union. Chairman Regan added that the union had cancelled three previous meetings and that he had heard that the union members were being told differently. Chairman Regan added that the board would discuss further details in executive session.

Audit Committee: Proposed Budget 2013

Mr. Nigrello apprised the board that the Mayor had indicated that he would like to meet with the board along with the Authority’s executive director and chief financial officer to discuss the proposed 2013 budget. Mrs. Mrijaj said that the Commissioner of Finance, Mr. John Liszewski, had been forwarded a copy of the Authority’s proposed budget for 2013. Mrs. Mrijaj added that the deputy mayor, Ms Gerry had called and asked her to delay the vote on the budget.

Mrs. Mrijaj explained that the increase to the BVG deficit was as a result of, but not limited to:a. Salary re–allocation of personnel cost;b. Increased cost to service agreements, and electrical costs;c. Increased man–hour needs for repairs at the BVG;d. Reduction in staff and other expenditures over the last three (3) years.

Mrs. Mrijaj informed the board that when the auditors had reviewed the budget in the springtime that they had indicated that it appeared that the Authority was paying more for the Buena Vista


November 27, 2012

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Audit Committee: Proposed Budget 2013 cont.

Garage than was indicated. The auditors recommended that a time allocation study was necessary. This was done and used as the basis to allocate the proposed budget’s dollars. Mr. Cavanaugh was not satisfied with the re–allocation of salary personnel and felt that the memo from the auditors was not clear. Chairman Regan asked both Mrs. Mrijaj and Mr. Dalli that they review the proposed budget and make the necessary adjustments to the re–allocation figures, etc.

Mr. McLynn explained to the board that when the BVG was initially built the steel was never treated for rust resistance nor painted. Mr. McLynn added that the city engineer, Mr. Paul Summerfield, had indicated that painting and rust removal renovations to the BVG would cost an estimated five hundred thousand ($500,000) dollars. Mr. Summerfield had suggested that all of the steel be painted to prevent further deterioration. Mr. McLynn said that renovations were being done by Authority personnel reflecting a great savings versus outsourcing costs. Repairs were started in March 2012 and completion was projected for early 2013.

Mr. Cavanaugh asked about LED lighting indicating that there were programs available that enabled entities to borrow funds to retrofit parking facilities with LED lighting and that the savings would offset the funds borrowed. Mr. Dalli opined that there were no guarantees that there would be a savings. Chairman Regan said “Let’s look at different companies.”

Mr. Cavanaugh further inquired on the arrangement for the YPA rent cost for office space within the Buena Vista Garage remarking that the YPA was run entirely out of the Buena Vista Garage. Chairman Regan answered, “None.” and asked, “Why should we pay rent here?” Mr. Cavanaugh responded that, “If we don’t bother to allocate the cost for this entity. We are missing a great opportunity to save the taxpayers money. If we charged ourselves rent here we would save the taxpayers money.”

Mrs. Kischak asked if the budget included the new garage. Mrs. Mrijaj answered that the new garage would have a separate budget as did the Buena Vista Garage.

Financial Report: October 2012

Mr. Dalli presented the financial report for October 2012 to the board.

The Yonkers Parking Authority (YPA) has generated a total of $336,100 in revenues under the YPA Account and $61,517 under the Buena Vista Garage (BVG) Account during the month of October 2012.

Expenditures for October 2012 totaled $298,202 for the YPA and $80,923 for BVG; resulting in a surplus of $37,898 under the YPA and a deficit of $19,406 under the BVG.


November 27, 2012

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Financial Report: October 2012 cont.

YPA revenues reflected an increase of eight (8%) percent from October 2011 to October 2012, while BVG realized an increase of thirteen (13%) percent from the previous year.

October 2012 expenditures for the YPA are six (6%) percent more than last year’s figures, while BVG expenditures similarly reflected an increase of fourteen (14%) percent.

N.B. With the onset of an executive session to discuss union negotiations Mr. Curti and Mr. Melendez were excused and left at 6:58 p.m.

Executive Session (union negotiations)

Mr. Nigrello motioned to go into executive session to discuss issues concerning the ongoing union negotiations and was seconded by Mr. Ramondelli. The executive session was convened at 7:00 p.m.

Mrs. Ramondelli motioned to go out of executive session and was seconded by Mr. Cavanaugh. No votes or actions were taken during executive session. The regular session was reconvened at 7:12 p.m.

Next Meeting

The date for the next meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on December 18, 2012, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Ramondelli moved that the meeting be adjourned and was seconded by Mr. Nigrello. The meeting was adjourned at 7:15 p.m.




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Regular Board Meeting MinutesDecember 18, 2012

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, December 18, 2012, at 5:30 p.m. at the offices of the Yonkers Parking Authority, at 8 Buena Vista Avenue, Yonkers, New York.

Present:



Visitors:Mr. Thomas Meier, Commissioner of Department of Public WorksMr. Michael V. Curti, Esq., Corporation Counsel, City of Yonkers, NYMr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Arthur G. Melendez, YPA employee

Call to Order


Pier Street Facility Reversion

Mr. Thomas Meier, Commissioner of the Department of Public Works came before the board to discuss the reversion of the Pier Street facility to the City of Yonkers. Mrs. Mrijaj pointed out that the Authority had not yet received official notification concerning Pier Street. Commissioner Meier asked if his letter of October 11, 2012 had been received. Mrs. Mrijaj responded that


December 18, 2012 of 62

Pier Street Facility Reversion cont.

Deputy Mayor Gerry had informed her that the letter had been sent out prematurely. Mrs. Mrijaj indicated that the Authority needed an official notice so that it could notify the permit parkers at the Ludlow parking lot adjacent to the Pier Street facility. Mr. Meier indicated that they only needed the garage not the lot, adding that the City had moved its snow plow operation from the Lake Avenue site to save money. Mrs. Mrijaj responded that Deputy Mayor Gerry had led the Authority to believe that the City also needed the parking lot in addition to the building.

Chairman Regan asked Mr. Meier, “When do you need the building?” Mr. Meier answered, “Yesterday.” Mr. Meier thanked Jay McLynn and his entire staff for their assistance. Mrs. Mrijaj noted that the Authority kept its sweeper at the Pier Street site. Mr. Meier indicated that was not a problem. Mr. Regan said that while the board needs an official document to vote upon, Mr. Meier had the verbal affirmation of the board to move ahead with his plans for the snow plow operation.

N.B. Commissioner Meier left at 5:45 p.m.

Affirmation of November 27, 2012 Audit Committee Minutes

The members of the Audit committee reviewed the minutes of the Audit committee meeting convened on November 27, 2012. Mr. Louis Nigrello motioned to affirm the minutes of the Audit committee meeting of November 27, 2012 and was seconded by Chairman William Regan. The Committee members affirmed the minutes of the Audit committee meeting held on November 27, 2012, two to zero (Mr. Ramondelli absent).

Affirmation of November 27, 2012 Board Minutes

The board reviewed the minutes of the regular board meeting convened on November 27, 2012. Chairwoman Kischak motioned to affirm the minutes of the regular board meeting of November 27, 2012 and was seconded by Mr. Louis Nigrello. The board affirmed the minutes of the meeting held on November 27, 2012, four to zero (Mr. Ramondelli absent).

N.B. Mr. Ramondelli arrived at 5:50 p.m.

Resolution No. 2012–34: Award Contract for Vehicle Maintenance Service (Dec 01, 2012–Nov 30, 2015)

Mrs. Kischak moved to approve the resolution (2012–34) and was seconded by Mr. Nigrello. The board passed Resolution: 2012–34, five to zero.


December 18, 2012

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Resolution No. 2012–35: Award Contract for HVAC Maintenance Service (Dec 01, 2012–Nov 30, 2013)

Mr. Ramondelli moved to approve the resolution (2012–35) and was seconded by Mr. Cavanaugh. The board passed Resolution: 2012–35, five to zero.

Resolution No. 2012–36: Award Contract for Pest Control Maintenance Service (Dec 01, 2012–Nov 30, 2013)

A brief discussion ensued concerning the variance in fees charged by the different vendors. The resolution (2012–36) was held in abeyance pending further clarification of the fees involved.

Resolution No. 2012–37: License Agreement between the Yonkers Parking Authority and J.C. Pryce Inc. a/k/a County Fair Home Appliance (December 01, 2012 – November 30, 2015)

Mr. Nigrello moved to approve the resolution (2012–37) and was seconded by Mr. Ramondelli. The board passed Resolution: 2012–37, five to zero.

Other Business:


Mrs. Mrijaj informed the board that defense counsel had prepared a motion to dismiss the case on the grounds that the plaintiff had failed to file a Notice of Claim upon the Authority prior to filing suit, as required by statue.

N. B. Mr. Michael V. Curti, Esq. arrived at 6:00 p.m.

Larkin / Warburton Garage Proposal

Mrs. Mrijaj handed out an email that she had sent out earlier in the day noting that the Larkin Garage has the same agreement that the City of Yonkers has with the Yonkers Parking Authority concerning the Buena Vista Garage. Mrs. Mrijaj said that she felt that the Authority needs independent counsel to look at the documents. Mr. Cavanaugh interjected and asked if the Corporation Counsel wouldn’t be able to do the same. Mrs. Mrijaj asked, “Whom would the Corporation Counsel represent?” Mr. Cavanaugh responded that the Yonkers Parking Authority and the City of Yonkers have similar interests. Mrs. Mrijaj stated that she was not comfortable with having Corporation Counsel review documents containing financial issues similar to those in the Buena Vista Garage operating agreement documents that are currently in dispute with the City of Yonkers.


December 18, 2012

Larkin / Warburton Garage Proposal cont.

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Mr. Cavanaugh responded that we shouldn’t make more of the differences of opinion – “it happens.” Mr. Cavanaugh further said that in deciding the outcome of the lawsuit the judge ruled that there was no conflict of interest. Mrs. Mrijaj said “this Authority should have independent counsel.” Mr. Cavanaugh replied, “If you come before this board to ask for outside counsel, I would ask that you first run your concerns by Corporation Counsel. Mr. Nigrello opined that the board would have to vote on that issue. Mr. Dalli added that there is some confusion with the name of the new garage in that when the proposal was submitted it was to Larkin Inc. and now correspondence was being received as the Warburton garage that needs to be clarified.

N. B. Mr. Brendan McGrath, First Deputy Corporation Counsel left at 6:05 p.m.


Mrs. Mrijaj updated the board that she had received an email from the Authority’s consultants advising that it is anticipated that the final sampling would be taken at the Lockwood lot during January 2013. The results of the sampling and subsequent reports will take time and are not anticipated until the second quarter of 2013.

Mrs. Kischak reported that she had experienced difficulty in parking at the Lockwood parking lot during the weekend. Mr. McLynn responded that four parking metered spaces had been removed and turned into permit parking for the tenant, Martial Arts Gym’s use.

Flea Market

The board briefly discussed the Flea Market held on Sundays at Authority parking lots along the Nepperhan corridor.

Union Negotiation

The board was informed that a meeting with the union was scheduled for Thursday, December 20, 2012.


The board reviewed the outcome of the Board’s meeting with the Mayor, Mr. Michael Spano, and the Deputy Mayor Susan Gerry. With the exception of Mrs. Kischak, all board members were present for the meeting with the City’s administration. Mrs. Mrijaj noted that she was scheduled to meet with Mr. John Liszewski, the Finance Commissioner, on Thursday, December 20, 2012, at 10:00 a.m. to discuss the payment of the Authority’s legal fees. Mr. Cavanaugh


December 18, 2012

Yonkers Parking Authority Lawsuit versus the City of Yonkers cont.

indicated that Lyons McGovern was going to have to take a haircut with its legal fees. Mr. Regan said the City of Yonkers does not have the right to determine what the Authority will pay. Mr.

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Nigrello asked, “Who is going to call the attorney and try to get a better bill?”

Proposed Budget 2013

The board discussed the amended proposed budget for 2013. Chairman Regan noted that he had offered that the fifty-six thousand ($56,000) dollars designated for Capital allocation in the Buena Vista Garage (BVG) budget could be paid for out of the Yonkers Parking Authority reserve fund as opposed to representing a liability to the City of Yonkers with board approval. Mr. Regan added that he agreed to consider raising the rates for the Buena Vista Garage which would further reduce the deficit to the City of Yonkers.

Mr. Dalli explained how the budget had been amended reducing the Buena Vista Garage deficit to two hundred fifty–five thousand ($255,000) dollars from three hundred and fourteen thousand ($314,000) dollars.

Mr. Cavanaugh asked about the Authority paying rent for the office/shop space it occupies within the Buena Vista Garage. Mr. Dalli pointed out that the Yonkers Parking Authority was paying the entire bill for telephone services as well as other overhead expenses.

Mrs. Mrijaj addressed the board saying, “We are meeting on Thursday with the City’s Finance Commissioner and our auditor and will discuss the allocation and see how it best serves the Buena Vista Garage (BVG) net deficit. Mr. Cavanaugh also stated that he wanted to see what were the concerns with possibly charging fifty ($.50) cents rather than a full dollar.

Chairman Regan asked, “Does the board wish to meet separately to discuss the budget?” A special meeting to discuss the budget was scheduled for Thursday, January 17, 2013.

Mr. Cavanaugh asked, “My question is, “How are the administration / non union salaries voted on?” Mr. Regan responded that non union salaries were voted upon separately for salary increases.


December 18, 2012

Financial Report: November 2012

Mr. Dalli presented the financial report for November 2012 to the board.

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The Yonkers Parking Authority (YPA) has generated a total of $280,556 in revenues under the YPA Account and $42,565 under the Buena Vista Garage (BVG) Account during the month of November 2012.

Expenditures for November 2012 totaled $347,255 for the YPA and $96,396 for BVG; resulting in a deficit of $66,699 under the YPA and a deficit of $53,831 under the BVG.

YPA revenues reflected no changes from November 2011 to November 2012, while BVG realized an increase of two (2%) percent from the previous year.

November 2012 expenditures for the YPA are twenty–two (22%) percent more than last year’s figures, while BVG expenditures similarly reflected an increase of thirty–six (36%) percent.

Next Meeting

The date for a special meeting of the Yonkers Parking Authority Board to discuss the proposed 2013 budget has been scheduled for 5:30 p.m. on January 17, 2013, at Authority offices.

The date for the next regular meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on January 29, 2013, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the meeting be adjourned and was seconded by Mr. Nigrello. The meeting was adjourned at 7:05 p.m.



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