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Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701 Special Board Meeting Minutes January 03, 2013 The specially scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, January 03, 2013, 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman Mr. Louis Nigrello, Secretary Mr. James Cavanaugh, Member Mr. Michael Ramondelli, Member YPA Staff: Mrs. Lisa Mrijaj, Executive Director Mr. Joseph Dalli, Deputy Executive Director/CFO Mr. Jay McLynn, Assistant to the Executive Director Ms Susan M. Maros Victoria, Human Resources Director/ Recording Secretary Visitors: Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NY Mr. Paul Hart, Esq., Sr. Associate Corporation Counsel, City of Yonkers, NY Mr. Kenneth McGovern, YPA employee Mr. Arthur G. Melendez, YPA employee Page 1 of 112
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Page 1: Yonkers Parking Authority  · Web viewThe specially scheduled meeting of the Yonkers Parking Authority Board ... Mr. John Couto, YPA ... Mr. Levy requested that the spelling of the

Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Special Board Meeting MinutesJanuary 03, 2013

The specially scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, January 03, 2013, 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

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

Visitors:Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Paul Hart, Esq., Sr. Associate Corporation Counsel, City of Yonkers, NYMr. Kenneth McGovern, YPA employeeMr. Arthur G. Melendez, YPA employee

Call to Order

Chairman Regan called the meeting to order at 5:40 p.m.

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Special Board Meeting MinutesJanuary 03, 2013

Amended Proposed Budget 2013

Mrs. Mrijaj briefed the board concerning her meeting, and items in recent email communication, with the Deputy Mayor, Ms Susan Gerry that would impact the 2013 budget. Mrs. Mrijaj outlined the salient points of contention concerning the amended proposed budget. Mrs. Mrijaj’s briefing notes are attached, and incorporated by reference, to the minutes.

Buena Vista Garage Premises Lease

Mr. Cavanaugh addressed the board members and said, “You saw my email to Mr. H. Chris Kopf of O'Connor Davies questioning. “Why is there no allocation of rent for the Buena Vista Garage?” Mr. Cavanaugh added, “Looking at Mr. Kopf’s opinion, the Authority should pay rent even if we charge for a value less than the fair value and have number apportioned. There must be a lease. We would not be doing our job if we adopted a budget that had revenues and expenditures without a lease.”

Mrs. Mrijaj responded, “I remind the board that the YPA has been paying the entire overhead cost for the Buena Vista Garage and if we go down that road it will not be financially favorable to BVG.” Mrs. Kischak said, “I am in favor of a lease, keeping in mind that the Yonkers Parking Authority was asked to come here. This won’t get settled tonight. I wish to adopt the budget tonight.” Mrs. Kischak further imparted that the same agreement in force at Pier Street should be extended to the Buena Vista Garage since the board who had voted to move to the Buena Vista Garage at the City’s request understood that to be the case.

YPA Employee Parking Fees

Mr. Cavanaugh said we should then pay for it. If the City of Yonkers employees pay fifty ($50.00) dollars to the Authority the Yonkers Parking Authority employees should also pay for parking. Mrs. Mrijaj responded, “If this garage were filled to capacity I would agree; but, it is not.” Mr. Cavanaugh stated, “We should include the parking in the budget.” Mr. Ramondelli stated, “I feel that there should be a lease. As a City of Yonkers employee, I agree. Yonkers Parking Authority employees are no better than City of Yonkers employees.” Mrs. Kischak stated that we came here from Pier Street under the same assumptions and agreement as was in effect at Pier Street, employees never paid for parking at Pier Street.

Legal Fees

Chairman Regan said, “We do not see the City acting quickly on anything relating to the Yonkers Parking Authority, an example of this, are the legal fees. The law firm did its part by lowering its fees to almost half and the City still refuses to release the payment.” Mr. Nigrello noted that per his conversation with the city administration, the City of Yonkers does not intend

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Special Board Meeting MinutesJanuary 03, 2013

Legal Fees cont.

to release the Authority’s funds to pay the attorney’s fees. Mr. Nigrello further commented that the Mayor’s office had asked him not to approve the budget that evening.

Chairman Regan noted that the Deputy Mayor had told Mrs. Mrijaj that she would only release the twenty–five thousand ($25,000) due to the attorneys if the Buena Vista Garage deficit was further decreased by the same amount. To which, Mrs. Mrijaj responded that it was illegal and that she would like to have such requests in writing. Mr. Nigrello and Mrs. Kischak both voiced their frustration with the still unresolved matter and asked, “What happens now that the funds won’t be released?” Mr. Nigrello noted that the city administration has shown that they do not want to approve the release of the Authority’s funds to pay the attorneys and asked, “Can the attorneys sue us and the city?” To which several board members responded in the affirmative.

Mrs. Mrijaj added that she had met with the Deputy Mayor, Ms Gerry, on December 4, 2012, in good faith, and that both had agreed to work together. Mrs. Mrijaj added further that it was very disheartening to witness the actions taken afterwards by the city administration like the emails announcing the parking permit price decrease for city employee parkers and rescinding the validation parking for the Veterans Clinic patients. These actions clearly demonstrate that the city administration does not intend to work with the Authority. Mrs. Mrijaj said, “A call to discuss the issues before sending the emails could have avoided the havoc these emails caused.” Mr. Cavanaugh then stated that he had seen the email concerning the veterans parking and that he had also seen the Deputy Mayor’s response in which she restored the veterans’ validation parking. To which, Chairman Regan conveyed that the call should have come first. Mrs. Mrijaj emphasized to the board, “This along with several other issues is why I would like to ask the board again to review the option of appealing the lawsuit.” To which Chairman Regan and other members agreed that the issue needed to be addressed. Mr. Nigrello said, “I wanted this all to be resolved before I left, including the union negotiations.”

Resolution No. 2013–01: Approve Allocation of Funds for Buena Vista Garage CapitalImprovement Program (CIP)

Mr. Regan introduced resolution 2013 – 01 stating that in light of what has transpired that he was not comfortable approving a resolution to absorb fifty–six thousand ($56,000) out of the Buena Vista Garage budget to the Yonkers Parking Authority budget considering that when we offer our hand they want the whole arm. Mrs. Kischak agreed stating that “We need to hold off on the resolution especially considering that such liability per our management agreement should be funded by the Buena Vista Garage’s budget. The motion was placed aside pending other matters.

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Special Board Meeting MinutesJanuary 03, 2013

Buena Vista Garage Proposed Increase to Daily Parking Rates

Discussion ensued concerning increasing the Buena Vista Garage daily rate fifty ($.50) cents as opposed to one ($1.00) dollar. Mr. Dalli provided a chart, which is incorporated by reference to the minutes, for the board’s review that illustrated the breakdown of percentages of fee transactions versus cash transactions. Mr. Dalli indicated that a one ($1.00) dollar increase would best help the City with the Buena Vista Garage deficit. Mr. Cavanaugh asked “Why not increase everything across the board?” Mr. Dalli said, “I caution the board that we need to stay competitive as Hudson Park charges ten ($10.00) dollars more than the Authority does. An increase would put us in competition against ourselves.” Chairman Regan asked “What does the board want to do, two–fifty ($2.50) or three ($3.00) dollars?” Mr. Nigrello opined that a one dollar increase was acceptable and asked, “What do the other board members say?” Mr. Ramondelli asked, “What is an hour of parking at Ridge Hill?” Mr. Ramondelli was informed that one hour of parking at the Ridge Hill parking garage was three dollars and fifty cents ($3.50). Mr. Ramondelli said, “I am ok with going up a dollar.” Mr. Cavanaugh stated, “I feel that a dollar is high. I rather see an across the board increase.”

Resolution No. 2013–02: Proposed Buena Vista Garage Daily Parking Rate Increase

Mrs. Kischak moved to approve resolution 2013–02 and was seconded by Mr. Nigrello. The board passed Resolution: 2013–02, four to one (Mr. James Cavanaugh voted nay).

After the vote, Mrs. Mrijaj reminded the board that the rate increases would need to be applied to our other garages as we should not compete against ourselves. I will present these resolutions next month.

Resolution No. 2013–01: Approve Allocation of Funds for Buena Vista Garage CapitalImprovement Program (CIP)

Chairman Regan said, “I withdraw my original suggestion for the fifty–six thousand ($56,000) dollars and we’ll go back to the original plan.” The board reviewed Resolution 2013–01. Mr. Nigrello moved to approve resolution 2013–01 and was seconded by Mr. Ramondelli. The board passed Resolution: 2013–01, four to one (Mrs. Kischak voted nay).

Buena Vista Garage Premises Lease

Mr. Cavanaugh again brought up the issue of a lease for the Authority’s use of the Buena Vista Garage. Mr. Cavanaugh said, “I believe there should be a lease.” Mr. Nigrello stated I am not sure this board agrees. Mr. Cavanaugh said we also need to research the IRS issues that require YPA employees to declare the value of the free parking benefit.

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Buena Vista Garage Premises Lease cont.

Mr. Cavanaugh called for a resolution (2013–04) expressing the board’s intent to negotiate a lease for the premises occupied by the Yonkers Parking Authority within the Buena Vista Garage. Mr. Cavanaugh dictated the resolution as follows:

Be it resolved that it is the intent of the Yonkers Parking Authority board that there be negotiation between the Yonkers Parking Authority and the City of Yonkers in order to effectuate a lease for the premises occupied by the Yonkers Parking Authority in the Buena Vista Garage as referenced in the conveyance and operating agreement by and between the City of Yonkers and the Yonkers Parking Authority, dated June 24, 2003.

Resolution No. 2013–04: Negotiate a Lease for the Premises Occupied by the Yonkers Parking Authority Within the Buena Vista Garage.

Mr. Cavanaugh moved to approve resolution 2013–04 and was seconded by Chairman Regan. The board passed Resolution: 2013–04, five to zero.

Resolution No. 2013–03: Adoption of Amended Proposed Budget FY2013

Mrs. Kischak moved to approve the resolution (2013–03) and was seconded by Mr. Ramondelli. The board passed Resolution: 2013–03, five to zero.

Executive Session (union negotiations)

Mr. Ramondelli motioned to go into executive session to discuss issues concerning the ongoing union negotiations and was seconded by Mrs. Kischak. The executive session was convened at 6:50 p.m.

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

Conclusion

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

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesJanuary 29, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, January 29, 2013, 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

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

Absent:Mr. Louis Nigrello, Secretary, participated via telephone.

Visitors:Mr. Eric Wolf, on behalf of Retro FitnessMr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Kenneth McGovern, YPA employeeMr. Arthur G. Melendez, YPA employeeMr. Blake A. Perez, YPA employee

Call to Order

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

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Regular Board Meeting MinutesJanuary 29, 2013

Affirmation of December 18, 2012 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on December 18, 2012. Mr. Ramondelli motioned to affirm the minutes of the regular board meeting of December 18, 2012 and was seconded by Vice–Chairwoman Kischak. The board affirmed the minutes of the meeting held on December 18, 2012, four to zero (Mr. Nigrello, absent).

Affirmation of January 03, 2013 Special Board Meeting Minutes

The board reviewed the minutes of the special board meeting convened on January 03, 2013. Mr. Ramondelli motioned to affirm the minutes of the special board meeting of January 03, 2013, with two changes made, and was seconded by Vice–Chairwoman Kischak. The board affirmed the minutes of the meeting held on January 03, 2013, four to zero (Mr. Nigrello, absent).

Retro Fitness Proposed Extension to Current License Agreement

Resolution No. 2013–14: Addendum to License Agreement between Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers) and the Yonkers Parking Authority (Buena Vista Garage Parking Facility) – October 02, 2009 to October 01, 2029

Mr. Eric Wolf, principal of 66 Main Street, Yonkers, New York, and as landlord to Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers, addressed the board on behalf of Retro Fitness concerning the proposed addendum to the current license agreement in effect between Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers) and the Yonkers Parking Authority due to expire in 2016. Retro Fitness has a membership of approximately three thousand (3,000) members who utilize the Buena Vista Garage.

The proposed amendment to the license agreement would be effective February 01, 2013 until October 01, 2029 and extend the members parking time from two hours to three hours in addition to the rate increase. According to Mr. Wolf, the reason for the proposed extension is based on the City of Yonkers rezoning of the area resulting in the Teutonia Hall development project being downscaled; whereby, it would not be able to accommodate parking for Retro Fitness. The franchise agreement requires that the Franchisee provide parking in conjunction with their lease of twenty (20) years, Retro Fitness would lose the franchise if they did not have the parking secured.

The board asked Mr. Wolf who has the responsibility for paying for the license agreement. Mr. Wolf answered that it was the responsibility of the Franchise; however, that it is backed by the principals of the building for as long as they (Retro Fitness) are in business. It was requested that the proposed license agreement be reviewed by Corporation Counsel and be compared to the existing agreement since the original lease was drafted by the City of Yonkers law department.

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Retro Fitness Proposed Extension to Current License Agreement cont.

The board also asked if the gym had a membership cap.

Resolution: 2013–14 was held over pending review by the Corporation Counsel.

N.B. Mr. Kenneth McGovern arrived and Mr. Wolf left at 6:05 p.m.

Resolution No. 2013–05: Proposed Government Center Garage Daily Parking Rate Increase

Mr. Cavanaugh inquired if there was a deficit involved with the Government Center Garage. Mr. Regan noted that there were deficits in the past. Mr. Dalli stated that if the resolution did not pass that it would negatively impact the Authority.

Mr. Cavanaugh asked if the 1978 Master Agreement between the City of Yonkers and the Authority was still operative adding that it was not clear to him whether it was still in effect. Mr. Cavanaugh was informed that the 1979 amendment between the City of Yonkers and the Authority clearly indicated that the Authority receives the revenues from the Government Center Garage. Mr. Ramondelli inquired if raising the rates at the GCG a means of keeping the rates uniform. Mr. Dalli explained that the reason was twofold: firstly, to keep the rates uniform, secondly, as part of the adjustment to balance the budget. Mrs. Mrijaj asked if the resolution could be put on hold until other issues were discussed in the budget amendment. Mr. Ramondelli asked if the rate increase was for visitor parking or employee parking. Mr. Dalli responded that it was to increase the daily parking rate for visitors.

Resolution No. 2013–05 was put aside pending further deliberation.

Resolution No. 2013–06: Pier Street Reversion

The board reviewed Resolution: 2013–06 to revert the Pier Street property back to the City of Yonkers, at its request. Mrs. Kischak asked what was going to happen with the permit parkers parking in the adjacent lot. Mrs. Mrijaj responded that the reversion was solely for the building (Lot 1 and 4) adding that the parking facility was Lot 5 and not included.

Mr. Ramondelli moved to approve Resolution: 2013–06 and was seconded by Mr. Cavanaugh. The board passed Resolution: 2013–06, four to zero, Mr. Nigrello absent.

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Resolution No. 2013–07: Renewal of Lease [No. VA243–12–L–0189] Agreement between the United States Department of Veterans Affairs for Veterans Clinic at Government Center Garage (October 01, 2012 – September 30, 2021)

The board considered Resolution: 2013–07 with Mr. Cavanaugh opining that the City Council should vote on the lease agreement. Mr. Dalli informed Mr. Cavanaugh that the lease agreement was simply a renewal. Mr. Cavanaugh said that another question he had was if the lease agreement contained a termination clause, to which Mr. Dalli responded in the affirmative.

Mr. Ramondelli moved to approve Resolution: 2013–07 and was seconded by Mrs. Kischak. The board passed Resolution: 2013–07, four to zero, Mr. Nigrello absent.

Resolution No. 2013–08: Educational Opportunity Center (EOC) Parking Permit Rate Adjustment at the Government Center Garage

The board looked at Resolution: 2013–08 concerning the Educational Opportunity Center’s (EOC) parking permit rate adjustment at the Government Center Garage. Mrs. Mrijaj noted that the EOC had historically perceived itself as a not–for–profit entity when in fact they had not met not–for–profit criteria. Mr. Dalli explained that the EOC had been granted a two (2) year grace period to provide proof of their not–for–profit status and had failed to do so. The board asked if the EOC was aware of the permit rate adjustment which they are, and how many parking spaces were involved and how long was the rate in effect. Mr. Dalli answered that the EOC utilizes ten to fifteen (10 – 15) parking spaces and the agreement is on a month to month basis. Mrs. Kischak noted that two years ago the board had reviewed all of the not–for–profit clients and recalls that the EOC had not qualified.

Mr. Cavanaugh moved to approve Resolution: 2013–08 and was seconded by Mrs. Kischak. The board passed Resolution: 2013–08, four to zero, Mr. Nigrello absent.

Resolution No. 2013–09: Telephone Audit

The board discussed the merits of Resolution: 2013–09 approving an audit of the Authority’s telephone bills. Mrs. Kischak asked when the last audit was performed. Mr. Dalli answered that an audit had been done approximately two (2) years ago adding that the contractor felt that in the transition from business to government account that they may be able to identify charges that were not captured in the prior audit.

Mr. Ramondelli moved to approve Resolution: 2013–09 and was seconded by Mrs. Kischak. The board passed Resolution: 2013–09, four to zero, Mr. Nigrello absent.

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Resolution No. 2013–10: Renewal of Maintenance Agreement by and between the Yonkers Parking Authority & CTR Systems, Inc. (effective: 01 March 2011 – 31 December 2012)

Mr. Ramondelli moved to approve Resolution: 2013–10 and was seconded by Mr. Cavanaugh. The board passed Resolution 2013–10, four to zero, Mr. Nigrello absent.

Resolution No. 2013–11: Award Revocable License Agreement to TDA Construction Inc. for use of Chicken Island/Getty Square Parking Facility (February 01, 2013 – January 31, 2014)

The board reviewed Resolution: 2013–11. Mr. Cavanaugh asked if the Authority could cancel the contract. Mr. Dalli drew attention to cancellation clause number six (6) of the license agreement.

Mrs. Kischak moved to approve Resolution: 2013–11 and was seconded by Mr. Ramondelli. The board passed Resolution 2013–11, four to zero, Mr. Nigrello absent.

Resolution No. 2013–12: Award of Contract for Final Engineering Report (FER) Brownfield Site Investigation at 310 Saw Mill River Road

Mr. Ramondelli moved to approve Resolution: 2013–12 and was seconded by Mr. Cavanaugh. The board passed Resolution 2013–12, four to zero, Mr. Nigrello absent.

Resolution No. 2013–13: Amendments to Combined, Operating, and Capital, Yonkers Parking Authority and Buena Vista Garage Budgets for Fiscal Year 2013.

Discussion concerning Resolution: 2013–13; Mrs. Mrijaj explained the error that resulted in the amendments to the Combined, Operating, and Capital, Yonkers Parking Authority and Buena Vista Garage Budgets for Fiscal Year 2013 and clarified each point in the amended budgets.

The board asked for clarification of the thirty–five ($35.00) dollar issue concerning city employee parking. Mrs. Mrijaj explained that when the city car pool was created, over two decades ago, a reduced rate was established which the city paid for. The car pool permits were for city employees who took home city vehicles. However, when the current administration rescinded the take home vehicle policy the city employees who use the city cars began to also park their private vehicles within the garage; thereby, using two (2) parking spaces when only one space was paid for at the thirty–five ($35.00) dollar rate. Furthermore, the administration went a step further and extended the reduced rate of thirty–five ($35.00) dollars to all city employees if they signed up for payroll deductions. The City of Yonkers does not have the authority to do so. This will result in an annual revenue loss upwards of twenty thousand ($20,000) dollars.

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Resolution No. 2013–13: Amendments to Combined, Operating, and Capital, Yonkers Parking Authority and Buena Vista Garage Budgets for Fiscal Year 2013 cont.

With respect to the rate increase at the Government Center Garage, Chairman Regan added that the increase was also necessary to ensure the Authority’s ability to maintain a minimum of sixty thousand ($60,000) dollars in surplus to be in compliance with the Authority’s bond requirements.

Mrs. Kischak moved to approve Resolution: 2013–13 and was seconded by Mr. Ramondelli. The board passed Resolution 2013–13, three to zero, Mr. Cavanaugh voted nay; Mr. Nigrello absent.

City Employee Parking Rates

Mr. Cavanaugh asked Mr. Dalli if he had a separate set of books for the Government Center Garage as is required under the 1978 Agreement. Mr. Dalli answered that it was part of the YPA budget and separate allocations are reflected in the year end audit.

Mr. Dalli distributed a chart illustrating the negative impact on Authority revenues that the reduction of city employee parking permits from fifty ($50.00) dollars to thirty–five ($35.00) dollars and noted that if the matter was not resolved the negative impact would be doubled. Mr. Regan added he believed that there were currently twenty–seven (27) library employees whose parking permits were being paid for by the City and ten (10) employees whose parking permits were being paid for out of the Workforce Development Center’s budget; thirty–seven (37) employees in total whose parking permits are being paid for by the taxpayer. Mrs. Mrijaj asked for the Board’s direction regarding the check reflecting payment of city employee parking permits at thirty–five ($35.00) dollars rather than fifty ($50.00) dollars which had yet to be deposited. The majority of the board indicated that the check should be deposited and the city billed for the balances owed the Authority.

Mr. Cavanaugh recommended that the board sit down with the City to “work this out”. Mr. Cavanaugh made two recommendations: one that the Government Center Garage be divided into two parts: one for city employees and the other part for private visitors. Secondly, that the board looks at what the rate should be. Mr. Regan responded indicating that Mr. Cavanaugh would be the best person to take the initiative and set up a meeting with the City administration to determine what works. Mr. Nigrello (on telephone speaker) said that the board had met with the City and that things had gotten worse. Chairman Regan indicated that the meeting had focused on the Buena Vista Garage deficit and that the board had offered to reduce the deficit by fifty–six thousand ($56,000) dollars and had succeeded in reducing the deficit even further.

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Resolution No. 2013–05: Proposed Government Center Garage Daily Parking Rate Increase

Mr. Ramondelli moved to approve Resolution: 2013–05 and was seconded by Mrs. Kischak. The board passed Resolution: 2013–05, three to one, Mr. Cavanaugh voted nay; Mr. Nigrello absent.

Yonkers Parking Authority Lawsuit versus the City of Yonkers

The board discussed the outstanding legal fees due to the Authority’s independent counsel which remains unresolved. The City said that they would release the check if the Authority persuaded the law firm to reduce its fee; which was done at twenty–five thousand ($25,000) dollars. The City of Yonkers still will not release the payments.

City Request for Bicycle Racks at YPA facilities

The matter was set aside.

Alco Capital Group v. ACC Business et al

Ms Maros Victoria briefed the board that a motion to dismiss the Alco case had been submitted to the Court and that a verdict was awaited.

Yonkers Larkin Inc. Garage

Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel briefed the board concerning the Yonkers Larkin Garage noting that he had reviewed the documents sent him from Mrs. Mrijaj specifically correspondence dated January 18, 2012 and January 23, 2013 outlining the Authority’s concerns. Mr. McGrath informed the board that he spoke with Ms Shay Humphrey, counsel, for YLG. Mr. McGrath also acknowledged that the Yonkers Parking Authority’s concerns were valid. However, Mr. McGrath indicated that Ms Humphrey’s main concerns were the Management Agreement, the budget and to have the Garage open as soon as possible.

Mr. McGrath said that he believed that YLG were willing to negotiate and that it was possible to have a red line agreement and would schedule a conference call and or a meeting between them and the Authority.

Concerns regarding revenue shortfalls for the Yonkers Larkin Garage were raised and language should be included in the proposed Management Agreement as requested by the Authority. Chairman Regan noted that Dan Marsh had stated at their first meeting that the City of Yonkers was responsible for the shortfall of the Yonkers Larkin Garage and needed to be clearly

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Yonkers Larkin Inc. Garage cont.

documented. It was agreed that the thirty (30) day termination clause in the Management Agreement needed to be changed.

Another question raised regarding the Management Agreement was about the YPA board’s oversight of the YLG. To which the response was that the Authority board had no jurisdiction over the Yonkers Larkin Garage as the City was not involved. Mrs. Mrijaj pointed out that the Community Development Agency (CDA) and the City are directly involved and identified as guarantors in documents for loans secured for the YLG.

Mrs. Mrijaj said that even though this had transpired, the Yonkers Parking Authority continues to do the work needed to prepare for the opening of the Garage. Mr. McGrath responded that he did not know what was hiding in the weeds but nothing was insurmountable. Mr. McGrath concluded his visit by indicating that he did not anticipate the matter extending itself another month.

Mr. Regan advised Mr. McGrath that the Board would be willing to schedule a special meeting to approve the Management Agreement, etc.

N.B. Mr. McGrath left at 7:45 p.m.

Executive Session (union negotiations)

Mr. Ramondelli motioned to go into executive session to discuss issues concerning the ongoing union negotiations and was seconded by Mrs. Kischak. The executive session was convened at 7:45 p.m.

Mr. Ramondelli motioned to go out of executive session and was seconded by Mrs. Kischak. No votes were taken during executive session. The regular session was reconvened at 8:15 p.m.

Conclusion

With no further business to be discussed, Mr. Ramondelli moved that the meeting be adjourned and was seconded by Mrs. Kischak. The meeting was adjourned at 8:25 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Special Board Meeting MinutesFebruary 06, 2013

The specially scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, February 06, 2013, 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

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

Absent:Mr. Louis Nigrello, Secretary, participated via telephone.

Visitor:Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NY

Call to Order

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

Executive Session (Yonkers Larkin Garage Inc. negotiations)

Vice–Chairwoman Kischak motioned to go into executive session to discuss issues concerning the ongoing Yonkers Larkin Garage Inc. negotiations and was seconded by Mr. Ramondelli. The executive session was convened at 5:35 p.m.

Yonkers Parking Authority

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Special Board Meeting MinutesFebruary 06, 2013

Executive Session (Yonkers Larkin Garage Inc. negotiations) cont.

Mr. Ramondelli motioned to go out of executive session and was seconded by Mrs. Kischak. No votes were taken during executive session. The regular session was reconvened at 6:30 p.m.

Conclusion

With no further business to be discussed, Mrs. Kischak moved that the meeting be adjourned and was seconded by Mr. Ramondelli. The meeting was adjourned at 6:32 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesFebruary 26, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, February 26, 2013, 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

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

Absent:Mr. Louis Nigrello, Secretary, participated via telephone.Mr. Joseph Dalli, Deputy Executive Director/CFO, participated via telephone

Visitors:Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Kenneth McGovern, YPA employeeMr. Arthur G. Melendez, YPA employeeMr. Blake A. Perez, YPA employee

Call to Order

Chairman Regan called the meeting to order at 5:40 p.m.

Yonkers Parking Authority

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Regular Board Meeting MinutesFebruary 26, 2013

Affirmation of January 29, 2013 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on January 29, 2013. Mr. Ramondelli motioned to affirm the minutes of the regular board meeting of January 29, 2013 and was seconded by Mr. Cavanaugh and were affirmed three to zero (Mrs. Kischak, Mr. Nigrello, absent).

Affirmation of February 06, 2013 Special Board Meeting Minutes

The board reviewed the minutes of the special board meeting convened on February 06, 2013. Mr. Ramondelli motioned to affirm the minutes of the special board meeting of February 06, 2013, and was seconded by Mr. Cavanaugh and were affirmed three to zero (Mrs. Kischak, Mr. Nigrello, absent).

Resolution No. 2013–14: Addendum to License Agreement between Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers) and the Yonkers Parking Authority (Buena Vista Garage Parking Facility) – February 01, 2017 to January 31, 2030

Resolution: 2013–14 was held over at the request of the principal, Mr. Eric Wolf.

Resolution No. 2013 –15: License Agreement for Designated Parking between the Yonkers Parking Authority and La Pupusa Loca (April 01, 2013 – March 31, 2016)

Discussion ensued regarding whether approval of the License Agreement would preclude local residents and other businesses from utilizing the Highland parking facility. It was noted that the lot has twenty–seven (27) parking spaces of which twelve (12) are leased to the La Pupusa Restaurant.

Mr. Cavanaugh moved to approve Resolution: 2013–15 and was seconded by Mr. Ramondelli.The board passed Resolution: 2013–15, three to zero, (Mrs. Kischak, Mr. Nigrello absent).

Resolution No. 2013–16: Renewal of Maintenance Agreement by and between the Yonkers Parking Authority & Amano McGann, Inc. (effective: October 01, 2012 – September 30, 2013)

Mr. Ramondelli moved to approve Resolution: 2013–16 and was seconded by Mr. Cavanaugh. The board passed Resolution: 2013–16, three to zero, (Mrs. Kischak, Mr. Nigrello absent).

Yonkers Parking Authority

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Regular Board Meeting MinutesFebruary 26, 2013

City Employee Parking Rates

Mrs. Mrijaj updated the board that an additional twenty–three (23) city employees had been added to the city’s parking permit payroll deduction program charging thirty–five ($35.00) dollars instead of the Authority’s fifty ($50.00) dollar parking fee; bringing the total to one hundred sixty–eight (168) employees.

Mrs. Mrijaj indicated that the board’s direction to deposit the check reflecting payment of city employee parking permits, at thirty–five ($35.00) dollars rather than the requisite fifty ($50.00) dollar fees, was being carried out and that the city would be billed for the outstanding balances owed to the Authority.

Alco Capital Group v. ACC Business et al

Ms Maros Victoria briefed the board that an Order dismissing the Plaintiff’s claim against the Authority had been filed with the Court. For all intensive purposes the case is closed in the Authority’s favor.

N.B. Mrs. Kischak arrived at 5:55 p.m.

Lockwood Lot: DEC Remediation

There was no discussion concerning the Lockwood lot.

Flea Market

There was no discussion concerning the Flea Market.

Financial Report: January 2013

Mr. Cavanaugh asked if the rate increase at the Buena Vista Garage was causing a drop–off in usage of the Garage. Mrs. Mrijaj responded that at least two (2) months were needed to assess any changes to usage patterns.

Yonkers Larkin Inc. Garage (YLG)

Mr. Cavanaugh said that the YLG was charging two ($2.00) dollars for the first hour of parking. It was noted that the YLG team had indicated that they would charge three ($3.00) dollars for the first hour of parking in their fee structure. Mr. McGrath distributed a letter, for review by the board, addressed to YLG requesting payment for Authority costs associated with the opening of the Yonkers Larkin garage.

Yonkers Parking Authority

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Regular Board Meeting MinutesFebruary 26, 2013

N.B. Mr. McGrath left at 6:15 p.m.

Executive Session (Union negotiations, Legal fees)

Mr. Ramondelli motioned to go into executive session to discuss issues concerning the ongoing union negotiations, and the legal fees associated with the lawsuit, and was seconded by Mr. Cavanaugh. The executive session was convened at 6:15 p.m.

Mr. Ramondelli motioned to go out of executive session and was seconded by Mr. Cavanaugh. No votes were taken during executive session. The regular session was reconvened at 6:45 p.m.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the meeting be adjourned and was seconded by Mrs. Kischak. The meeting was adjourned at 6:45 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesMarch 26, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, March 26, 2013, 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

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

Absent:Mr. Louis Nigrello, Secretary, participated via telephone.

Visitors:Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMs Patricia Russell, Labor Relations Specialist, Civil Service Employee’s Association (CSEA)Mr. Richard Borek, YPA employeeMr. John Buttinelli, YPA employeeMr. John Couto, YPA employeeMr. Sean Fallon, YPA employeeMs Lorraine T. Galura, YPA employeeMr. Paul Klausmann, YPA employeeMr. Kenneth McGovern, YPA employeeMr. Arthur G. Melendez, YPA employeeMr. Rodolfo Mendez, YPA employeeMr. Saleem I. Naber, YPA employeeMr. John Nalbandian, YPA employeeMr. Naim Nezaj, YPA employeeMr. Blake A. Perez, YPA employee

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Mr. Rajinder Taneja, YPA employee

Yonkers Parking AuthorityRegular Board Meeting Minutes

March 26, 2013

Call to Order

Chairman Regan called the meeting to order at 5:55 p.m.

Departure of board member, Michael Ramondelli

Chairman Regan presented Mr. Ramondelli with a plaque commemorating his service as a board member to the Yonkers Parking Authority board, on the occasion of the expiration of his term of service, effective March 31, 2013.

Affirmation of February 26, 2013 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on February 26, 2013. Mr. Ramondelli motioned to affirm the minutes of the regular board meeting of February 26, 2013 and was seconded by Mr. Cavanaugh. The minutes were affirmed four to zero (Mr. Nigrello, not present).

New Business

Cavanaugh Letter of March 23, 2013 to Board Members / Executive Director Response

Mrs. Mrijaj responded to Mr. Cavanaugh’s letter, of March 23, 2013, to the board concerning the Authority’s February 2013 financial report by reading her prepared response into the record; which is incorporated by reference. Discussion ensued concerning the various points raised in Mr. Cavanaugh’s letter.

Mr. Cavanaugh responded that, while Mrs. Mrijaj’s comments were helpful, he was looking for a capacity and usage analysis to be done adding that a better metric was needed. Mr. Cavanaugh said that he wanted to know how many parking meters were operational and how much they were earning. Furthermore, Mr. Cavanaugh indicated that he wanted to look at what could be earned as opposed to what was actually being realized. Chairman Regan remarked that just for historical information that in the eighties and nineties, there were parking meters placed in front of St. John’s Riverside Hospital and that there had been a big to do resulting in the parking meters being removed. Parking meters are located to facilitate the flow of traffic and to meet merchants’ needs. Mrs. Mrijaj added that the YPA maintains records on meter usage and revenues.

Chairman Regan responded to Mr. Cavanaugh’s second point concerning the formulation of a long term capital needs assessment of all facilities and garages noting that the Government

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Center Garage was a major example of items being put off when it appeared that the GCG might be knocked down.

Yonkers Parking AuthorityRegular Board Meeting Minutes

March 26, 2013

Cavanaugh Letter of March 23, 2013 to Board Members / Executive Director Response

Mr. Cavanaugh’s justified his third point requesting that a staffing analysis be conducted on the basis that as a board member there should be familiarity with the job specifications of Authority personnel. Mr. Regan responded to Mr. Cavanaugh’s fourth point that the existing surplus be analyzed and incorporated into long term budgetary objectives noting that the surplus matter had already been discussed at length. Mr. Regan reminded Mr. Cavanaugh that the board had approved fifty–six thousand ($56,000) dollars of YPA surplus to pay for the Buena Vista Garage’s capital costs. Mrs. Mrijaj said the Authority has a four (4) year Capital plan.

Chairman Regan indicated that the deputy Mayor, Ms Susan Gerry, had informed Mrs. Mrijaj that the Mayor’s office was considering not paying outstanding invoices in the amount one hundred forty–seven thousand ($147,000) dollars for the Buena Vista Garage deficit. Chairman Regan noted that no one could project what was going to happen given the present climate.

Mr. Cavanaugh’s fifth point regarding a modernization plan was discussed. Mr. Cavanaugh recommended the use of multi–space meters noting that everyone is using them. Mrs. Kischak said that while she was in favor of revisiting the issue she remembered the difficulties encountered when multi–space meters were tested in Yonkers. Mrs. Mrijaj indicated that the use of multi–space meters would be re–assessed.

Mr. Cavanaugh’s sixth point concerning the placement of parking meters throughout the city of Yonkers was discussed. Mrs. Mrijaj noted that staff would begin assessing the need for the placement of parking meters.

Outstanding Invoices

The board was informed that as of the date of the board meeting the city administration owed the Authority one hundred seventy–one thousand ($171,000) dollars in outstanding invoices. Several of the invoices are over sixty (60) days overdue. Mrs. Mrijaj suggested that the parking permit payroll deduction program for city employees could be rescinded by no longer accepting payroll deductions from the City. Permits would have to be purchased at Authority offices at the established cost of fifty ($50) dollars. Mr. Cavanaugh protested that the city employees would be caused an inconvenience. Chairman Regan noted that the City has to honor the rate established by the Authority board.

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Chairman Regan stated that the board may be obliged to write to the Court regarding the City’s refusal to pay the invoices. Mr. Regan said that these were perfect examples of why the Authority needed independent counsel. Corporation counsel cannot represent both the City and the Authority.

Yonkers Parking AuthorityRegular Board Meeting Minutes

March 26, 2013

Yonkers Larkin Garage

Mr. McGrath informed the board that he had, had two conversations with the Yonkers Larkin Garage counsel that had not been productive.

Financial Report: February 2013

Mr. Dalli presented the financial report for February 2013 to the board citing that there had been a drop in revenues due to inclement weather.

The Yonkers Parking Authority (YPA) recorded a total of $278,419 in revenues under the YPA Account and $47,483 under the Buena Vista Garage (BVG) Account during the month of February 2013.

Expenditures for February 2013 totalled $340,686 for the YPA and $77,874 for BVG.

YPA revenues reflected a decrease of eleven (11%) percent from February 2012 to February 2013, while BVG showed an increase of three (3%) percent from the previous year.

February 2013 expenditures for the YPA increased by fourteen (14%) percent from February 2012, while BVG expenditures reflected an increase of six (6%) percent.

Retro Fitness

Chairman Regan asked Mr. Dalli the status concerning Retro Fitness. Mr. Dalli responded that Mr. Wolfe had postponed the meeting yet another month.

Buena Vista Garage Lease of Authority Offices / Shop Space

Chairman Regan apprised the board that the City administration wanted the Authority to pay retroactive rent for its offices at the Buena Vista Garage since its occupation in 2004. Mrs. Mrijaj briefed the board that she had informed Mr. Thomas Meier and Ms Annie Hung that the offices at the Buena Vista Garage were not Class A space and that the board would have to discuss the matter. Mr. Dalli observed that parking fees would have to be increased to offset any rental fee. Mrs. Kischak said that a document should be prepared listing all of the issues relative to the

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proposed lease. Mr. Cavanaugh asked if the rate was comparable to what the Veterans Affairs was paying for rent. Mrs. Kischak said that she was in favor of having a lease but that she was not in favor of being ripped off. Mrs. Mrijaj said that the City and the Authority had always worked together but that the current administration had no interest in working with the Authority. Mr. Cavanaugh suggested that the Authority get an appraiser to determine the value of the office space.

Yonkers Parking AuthorityRegular Board Meeting Minutes

March 26, 2013

Lockwood Lot: DEC Remediation

There was no discussion concerning the Lockwood lot.

Flea Market

There was no discussion concerning the Flea Market.

N.B. Mr. McGrath, Ms Russell and YPA employees left at 6:40 p.m.

Union Negotiation

The board was apprised that the represented employees had voted down a first attempt to ratify the negotiated labor management agreement; as well as a second attempt a few weeks later on March 18, 2013.

Executive Session (Union Negotiations)

Mrs. Kischak 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 6:40 p.m.

Mr. Regan motioned to go out of executive session and was seconded by Mrs. Kischak. No votes were taken during executive session. The regular session was reconvened at 6:45 p.m.

Conclusion

With no further business to be discussed, Mr. Ramondelli moved that the meeting be adjourned and was seconded by Mr. Cavanaugh. The meeting was adjourned at 6:45 p.m.

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City of Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Governance Committee Meeting MinutesApril 30, 2013

A scheduled meeting of the Yonkers Parking Authority Board Governance Committee took place on Tuesday, April 30,, 2013, at 7:05 p.m. at YPA offices, at 8 Buena Vista Avenue, Yonkers, New York.

Present:

Board members:Hon. William T. Regan, Chairman (Governance Committee member)Mrs. Patricia Kischak, Vice Chairwoman (Governance Committee member)Mr. Louis Nigrello, SecretaryMr. James Cavanaugh, Member (Governance Committee member)Mr. Steven J. Levy, (New) 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

Call to Order

Chairman Regan called the meeting to order at 7:05 p.m.

Mr. Cavanaugh referred to the Public Authorities Accountability Act (PAA) citing that the Authority should be doing more in terms of best practices. Mr. Cavanaugh asked about the board’s self–evaluation of its performance. Ms Maros Victoria responded that the confidential evaluation of board performance was done on an annual basis. Mr. Dalli indicated that once the Audit report was filed that the 2012 PARIS report would then be certified.

Conclusion

With no further business to be discussed, Mrs. Kischak moved that the meeting be adjourned and was seconded by Mr. Cavanaugh. The meeting was adjourned at 7:10 p.m.

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesApril 30, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, April 30, 2013, 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. Steven J. Levy, (New) Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYArthur G. Melendez, YPA EmployeeBlake A. Perez, YPA Employee

Call to Order

Chairman Regan called the meeting to order at 5:35 p.m.

New Board Member

Mr. Steven J. Levy, replacing outgoing board member Michael Ramondelli, was welcomed. Mr. Levy will also replace Mr. Ramondelli on the board’s Audit committee.

Yonkers Parking Authority

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Regular Board Meeting MinutesApril 30, 2013

Affirmation of March 26, 2013 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on March 26, 2013. Mrs. Patricia Kischak motioned to affirm the minutes of the regular board meeting of March 26, 2013 and was seconded by Mr. Cavanaugh. The minutes were affirmed five to zero.

New Business

ABO Financial Disclosure by Local Public Authority Board Members

The new board member, Mr. Levy, was provided with a copy of the ABO Financial Disclosure by local Public Authority board members form for his review and signature.

Westchester County Annual Statement of Financial Disclosure

Copies of the Westchester County Annual Statement of Financial Disclosure form with stamped return envelopes were distributed to the board members for their completion.

Outstanding Invoices

Mr. Cavanaugh indicated that he had, had a discussion several weeks ago with the Mayor and Deputy Mayor concerning the following points:

The Authority’s outstanding legal bill; The proposed lease for the offices and shop contained within the Buena Vista Garage which

the City feels should be at the market rate; The city employee Government Center Garage (GCG) parking permit matter in which the

parking permit payroll deduction program for city employees is deducting thirty–five ($35) dollars in lieu of the established cost of fifty ($50) dollars.

Discussion ensued concerning the points cited by Mr. Cavanaugh. Mr. Levy sought clarification of the city employee parking permit issue. Mrs. Mrijaj explained how the thirty–five ($35) dollar versus the fifty ($50) dollar fee had originated; a rate that had been set years ago. Mr. Regan noted that due to the permit fee alteration that the Authority was losing twenty–two thousand ($22,000) dollars annually.

Mr. Levy noted that city employees who drove city vehicles did not pay the parking permit fees in question. Mrs. Mrijaj responded that there was a list of those individuals that were paid for by the City and another list consisting of City Council and their staffs who are comp. Mr. Levy indicated that the matter concerning the thirty–five ($35) dollar parking permit fee was potentially resolvable. Mr. Cavanaugh said that he agreed that the Authority is the entity to set

Yonkers Parking Authority

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Regular Board Meeting MinutesApril 30, 2013

Outstanding Invoices continued

the parking permit fees. Mr. Cavanaugh opened discussion on the proposed lease for the YPA offices. Mr. Cavanaugh still feels that there should be an appraisal done. Mr. Nigrello answered that as a taxpayer he appreciated the city’s position but that the Authority did not have the money. Mrs. Kischak asked about the outstanding invoices owed the Authority by the City and added that the board needed to make sure that the independent appraiser would be able to be paid because the Authority’s independent legal counsel didn’t get paid. Mr. Regan commented that the City had requested ninety–one thousand ($91,000) dollars for the space. The City’s proposed lease includes retroactive payments back to 2004. Mr. Cavanaugh responded that Veterans Affairs was paying approximately seventy thousand ($70,000) dollars for the space at the Government Center Garage. Mrs. Mrijaj noted that the Authority could not afford such rent at this time especially since the Authority did not get management of the Yonkers Larkin Garage. Mr. Regan suggested that the board wait to see what the Audit report would reveal.

Mr. Regan further suggested that the attorney’s fees be paid to get it off the table, and that the city show good faith by paying the outstanding invoices owed the Authority and then begin negotiations of a lease. Mr. Levy responded that he would take the proposal forward. Mr. Levy asked if the fee reduction was still viable. Mrs. Kischak responded that she didn’t know since the attorneys had submitted a demand letter for the entire amount of forty–three thousand ($43,000) dollars. Mrs. Mrijaj will contact the attorneys to find out.

Mr. Cavanaugh said that the bottom line was that the city wanted to see a deficit reduction and that the Authority needed to bring in more revenues. Chairman Regan said that more revenues for the Buena Vista Garage would come from additional parkers as a result of new development. Mrs. Mrijaj noted that the Authority had submitted two proposed areas where parking meters could be installed to the city’s Engineering department. Mr. McLynn noted that a parking survey was being conducted and that he wished to submit it in its entirety to the board rather than in piecemeal fashion.

Yonkers Larkin Garage

Mr. McGrath apprised the board that a letter from the attorney for the Yonkers Larkin Garage; dated April 4, 2013, had been received stating that they disagreed with the Authority’s position concerning reimbursement for outlaid funds but that the Authority’s demand for reimbursement would be forwarded to the principals. Mr. McGrath indicated that he had called the YLG counsel, Ms Shea Humphrey on April 29, 2013 and that she did not yet have an answer. The board noted that the Yonkers Larkin Garage was very empty despite reducing their parking fee by a dollar.

Yonkers Parking Authority

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Regular Board Meeting MinutesApril 30, 2013

Lockwood Lot: DEC Remediation

The board was briefed that the Department of Environmental Conservation sign off document for the Lockwood lot had been submitted to Corporation Counsel in mid April and that no response had yet been received. Mr. McGrath asked Mrs. Mrijaj to send him an email regarding the matter.

Flea Market

The board was updated concerning the Flea Market which is operating at capacity. Mr. Dalli reported that approximately twenty–five thousand in gross revenues to date had been realized.

Union Negotiation

Mr. Regan indicated that the represented employees had voted down two attempts to ratify the negotiated union contract; and that, now that Mr. Nigrello was back, another meeting would be scheduled with the CSEA.

Other Business: June 2013 Meeting

Chairman Regan asked if the June meeting date scheduled for June 25, 2013 could be changed to June 18, 2013. The board agreed to meet on June 18, 2013.

N.B. Mr. McGrath left at 6:30 p.m.

Financial Report: March 2013

Mr. Dalli presented the financial report for March 2013 to the board noting a change to the financial report’s format.

The Yonkers Parking Authority (YPA) recorded a total of $374,483 in revenues under the YPA Account and $70,060 under the Buena Vista Garage (BVG) Account during the month of March 2013.

Expenditures for March 2013 totalled $395,904 for the YPA and $98,667 for BVG.

YPA revenues showed a decrease of four (4%) percent from March 2012 to March 2013, while BVG likewise reflected a decrease of two (2%) percent from the previous year.

March 2013 expenditures for the YPA decreased by four (4%) percent from March 2012, while BVG expenditures reflected an increase of nineteen (19%) percent.

Yonkers Parking Authority

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Regular Board Meeting MinutesApril 30, 2013

Conclusion

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

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

City of Yonkers Parking Authority

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8 Buena Vista AvenueYonkers, New York 10701

Audit Committee Meeting MinutesMay 30, 2013

A scheduled meeting of the Yonkers Parking Authority Board Audit Committee took place on Thursday, May 30, 2013, at 5:30 p.m. at YPA offices, 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. Steven J. Levy, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Canute P. McLaughlin, YPA Employee

Audit FY2012 – FY2011

The board reviewed the Audit prepared by O’Connor Davies, LLP for the years FY2012–2011 and passed Resolution No. 2013–18 affirming said Audit. Noting that the Audit report had been presented earlier and with no further business to be discussed, Mr. Nigrello moved that the regular meeting be adjourned and was seconded by Mr. Levy. The meeting was adjourned at 7:43 p.m.

Respectfully submitted,

Susan M. Maros Victoria Human Resources Director/Board Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesMay 30, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Thursday, May 30, 2013, 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. Steven J. Levy, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Canute P. McLaughlin, YPA EmployeeMr. H. Chris Kopf, CPA, O’Connor Davies, LLPMr. Cesar A. Vargas, O’Connor Davies, LLP

Call to Order

Chairman Regan called the meeting to order at 5:38 p.m.

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Regular Board Meeting MinutesMay 30, 2013

Audit Report FY 2012

Messrs. H. Chris Kopf, CPA, and Cesar A. Vargas, CPA of O’Connor Davies, LLP, of Harrison, New York presented the Audit report for the year ending December 31, 2012, which is incorporated by reference, to the Board. Messrs. Kopf and Vargas reviewed the Combined Financial statements for the Yonkers Parking Authority and the Government Center Garage (GCG) for FY2012 in comparison with FY2011. Mr. Kopf remarked that the format of the opinion letter had been modified to reflect the changes dictated by the Financial Accounting Standards Board (FASB).

Mr. Kopf reviewed the overview of the financial statements with the board. Mr. Kopf pointed out that he had done the risk management assessment himself and that each of the three staff members interviewed with regard to procedural issues and protocols adhered to prescribed procedures and protocols accordingly. Mr. Kopf informed the board that the independent auditor’s report rendered an unqualified opinion which represented the highest opinion that could be rendered by a Certified Public Accountant (CPA).

N.B. Mr. McGrath arrived at 5:44 p.m.

Mr. Kopf responded to questions concerning OPEB and the setting aside of fixed balances. Mr. Kopf stated that New York Municipal law did not allow for a trust fund because the Authority was a government entity.

Mr. Kopf provided details of the Authority’s operating expenses noting that the expenses are segregated by garage.

Mr. Kopf drew attention to the previous years’ Management letter in which it had been suggested that the Authority contact the bank to seek a better rate for its restricted funds. Mr. Kopf noted that staff had heeded the suggestion. Therefore, the recommendation had been removed with no comments to report. Mr. Kopf stated that the board managed their budget well.

Mr. Cavanaugh noted that the report had been received late. Mr. Dalli explained that there had been some delays due to technical issues encountered by both sides. Furthermore, Mr. Cavanaugh took issue with management’s statement regarding the applicability of statute concerning the management of the Yonkers Larkin Garage stating that he disagreed and that the statements did not reflect his opinion. Mr. Regan responded that it was the staff’s assessment. Mr. Nigrello said that he felt very strongly about the issue of the Yonkers Larkin Garage as the developer had received both City of Yonkers and Westchester county funding only to have management of the garage go to an organization in Buffalo.

Messrs. H. Chris Kopf, CPA, and Cesar A. Vargas, CPA concluded with their report and retired.Yonkers Parking Authority

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Regular Board Meeting MinutesMay 30, 2013

Resolution No. 2013–18: Affirmation of Audit Prepared by O’Connor Davies, LLP for the Year Ending December 31, 2012

Mrs. Patricia Kischak moved to approve Resolution 2013–18 affirming the audit prepared by O’Connor Davies, LLP for the year ending December 31, 2012 and was seconded by Mr. Louis Nigrello. The board passed Resolution 2013 –18 five to zero.

Affirmation of April 30, 2013 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on April 30, 2013. Mrs. Patricia Kischak requested that the minutes be amended to include that the City’s proposed lease includes retroactive payments back to 2004.

Mr. Louis Nigrello motioned to affirm the minutes of the amended regular board meeting of April 30, 2013 and was seconded by Mr. James Cavanaugh. The amended minutes were affirmed five to zero.

Affirmation of April 30, 2013 Governance Committee Meeting Minutes

The board reviewed the minutes of the Governance Committee meeting convened on April 30, 2013. Mr. Levy motioned to affirm the minutes of the Governance Committee meeting of April 30,, 2013 and was seconded by Mrs. Kischak. The minutes were affirmed three to zero.

New Business

Confidential Evaluation of Board Performance for FY2012

The board briefly discussed the confidential evaluation of Board performance.

Resolution No. 2013–17: Approval of Payment of Legal Fees to Lyons McGovern LLP

Mrs. Patricia Kischak moved to approve Resolution 2013–17 approving payment of legal fees to the firm of Lyons McGovern, LLP and was seconded by Mr. Louis Nigrello. The board passed Resolution 2013 –17 five to zero.

Capital Improvement Plan (CIP): Paving of Belmont Lot

Discussion ensued concerning repaving at the Belmont lot with the board approving the funds, estimated at twenty –eight thousand three hundred eight ($28,308) dollars, necessary to execute the project in accordance with the specifications drawn up by the City of Yonkers’ Engineering department.

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Regular Board Meeting MinutesMay 30, 2013

Resolution No. 2013–19: Approve Allocation of Funds for Belmont Parking Facility Capital Improvement Program (CIP)

Mrs. Patricia Kischak moved to approve Resolution 2013–19 approving the allocation of funds for repaving at the Belmont parking facility and was seconded by Mr. Louis Nigrello. The board passed Resolution 2013 –17 five to zero.

Outstanding Invoices

Mr. Levy provided a check in the amount of fourteen thousand five hundred twenty–five ($14,525) dollars representing the difference of thirty –eight dollars and fifty cents ($38.50) for the first four months of 2013 for the City’s carpool.

Yonkers Larkin Garage

Mr. McGrath briefed the board that the principals of the Yonkers Larkin Garage were willing to discuss the hard costs outlaid by the Authority in preparation for management of the Yonkers Larkin Garage. The board noted that the Yonkers Larkin Garage was very empty despite reducing their parking fee by a dollar.

Lockwood Lot: DEC Remediation

The board was updated that the ground water report was currently under review by Alain Natchez, Esq. at Corporation Counsel. Mrs. Mrijaj indicated that the engineering report for the Lockwood facility would be forwarded to Paul Hart, Esq. at Corporation Counsel then submitted to the Department of Environmental Conservation. Mrs. Mrijaj noted that the project engineer at HDR requested a status report on the sign off documents for the Lockwood lot. Mr. McGrath indicated that he had spoken with the Deputy Mayor who was awaiting a response by the end of the coming week by which time the documents should be completed.

Union Negotiation

Mr. Regan reported that the staff and himself had met with both Ms Russell, of the CSEA, and with Mr. McGovern, the unit president, noting that the ball was now in their court. Mr. Regan indicated that the longevity matter was a major issue and that the represented employees had voted down two attempts to ratify the negotiated union contract. The union was expected to submit a revised proposal for Management’s review.

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Regular Board Meeting MinutesMay 30, 2013

Flea Market

The board was briefed regarding the ongoing success of the Flea Market which has been operating at capacity. Mr. Dalli reported that the flea market organizer had asked to expand the flea market into a third parking lot which would accommodate an additional eighteen vendors.

Ashburton Park –a –Drome Garage

The board discussed the impending expiration of the Park –a –Drome Garage lease due to expire in July 2013, noting that the current annual rent was one hundred thirteen thousand ($113,000) dollars. The board discussed the parking patterns at the Garage which is utilized primarily by hospital employees, as well as, daily visitors to the hospital. Additionally, the City’s police department has been using the Garage’s roof for parking police vehicles.

Mr. McLynn reported that Phase I of the renovation consisting of repair to the west stair tower, as well as, repair of failing cement and steel work had been completed. Phase II which has not yet commenced will complete the additional steel and cement work and repair of the east stair tower estimated to cost two hundred thousand ($200,000) dollars. Mr. Regan asked if all the designated items earmarked for Phase II had to done immediately. Mr. Levy asked if the funds for Phase II were still available. Mr. McLynn responded that the stair tower and the concrete slabs had to be repaired. Mr. Regan directed staff to draft a letter notifying St. John’s Riverside that the Park–a–Drome lease was due to expire in July 2013.

Mr. Cavanaugh asked if the general public was allowed access to the Garage. Mr. Cavanaugh recommended taking the Garage back and opening it up to the general public. Mr. Dalli responded that the capacity usage of the Garage was thirty (30%) percent not occupied. Mrs. Kischak suggested that an analysis of cost projections be done to determine the feasibility of taking the Garage over. Mr. Regan noted that while the Authority had a capital expense the Authority did not have an operational one.

Outstanding Invoices Due to the Authority by the City of Yonkers: City of Yonkers Employee Parking Permit Rate

The board discussed the city employee Government Center Garage (GCG) parking permit matter in which the parking permit payroll deduction program for city employees is deducting thirty–five ($35) dollars in lieu of the established cost of fifty ($50) dollars and the consequent loss of revenue to the Authority. As a result of the permit fee alteration, the Authority is losing approximately two thousand five hundred ($2500) dollars per month.

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Regular Board Meeting MinutesMay 30, 2013

Other Business:

Proposed Lease for Authority Offices at the Buena Vista Garage

Mr. Levy initiated discussion concerning the proposed lease for office space utilized by Authority at the Buena Vista Garage. Chairman Regan noted that it (the expense) would be very tight taking into consideration that the Authority did not assume management of the Yonkers Larkin Garage. The issue concerning the disparity of revenue distribution of parking tickets was discussed. For each parking ticket that is transacted at the Parking Violations Bureau the Authority receives fifteen ($15) dollars per ticket if the ticket is paid within thirty (30) days. If payment is made after thirty (30) days the Authority receives nothing. Tickets vary between forty ($40) and one hundred twenty ($120) dollars.

Financial Report: April 2013

Mr. Dalli presented the financial report for April 2013 to the board.

The Yonkers Parking Authority (YPA) recorded a total of $396,029 in revenues under the YPA Account and $64,473 under the Buena Vista Garage (BVG) Account during the month of April 2013.

Expenditures for April 2013 totalled $359,713 for the YPA and $75,372 for BVG.

YPA revenues reflected an increase of thirteen (13%) percent from April 2012 to April 2013, while BVG had an increase of ten (10%) percent from the previous year.

April 2013 expenditures for the YPA increased by seven (7%) percent from April 2012, while BVG expenditures reflected an increase of one (1%) percent.

Conclusion

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

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Regular Board Meeting MinutesJune 18, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Thursday, June 18, 2013, 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. Steven J. Levy, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYMr. Kenneth McGovern, YPA employeesMr. Arthur Melendez, YPA employeeAgent John Viola, United States Postal Inspector Service (USPIS)

Call to Order

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

Affirmation of May 30, 2013 Regular Board Meeting Minutes

The board reviewed the minutes of the regular board meeting convened on May 30, 2013. Mr. Levy requested that the minutes be slightly amended to clarify a point in the City of Yonkers’ employee parking permit issue.

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Regular Board Meeting MinutesJune 18, 2013

Affirmation of May 30, 2013 Regular Board Meeting Minutes cont.

Mr. Nigrello motioned to affirm the minutes of the amended regular board meeting of May 30, 2013 and was seconded by Mr. Levy. The amended minutes were affirmed five to zero.

Affirmation of May 30, 2013 Audit Committee Meeting Minutes

The board reviewed the minutes of the Audit Committee meeting convened on May 30, 2013. Mr. Levy motioned to affirm the minutes of the Audit Committee meeting of May 30,, 2013 and was seconded by Mr. Nigrello. The minutes were affirmed three to zero.

New Business

United States Postal Inspector Service (USPIS) Parking

Agent John Viola of the United States Postal Inspector Service (USPIS) came before the board to discuss parking issues as a result of the relocation of their offices to the Yonkers Main Post Office on Main Street. Agent Viola indicated that parking was needed on a day to day basis. Agent Viola indicated that he was awaiting feedback from his superiors regarding funding for parking within the Buena Vista Garage.

Resolution No. 2013 – 21: United States Postal Inspector Service (USPIS) Parking

Resolution No. 2013 – 21: United States Postal Inspector Service (USPIS) Parking was held in abeyance pending further consideration.

Resolution No. 2013 – 20: Fero Street, LLC of the Ciuffetelli Group License Agreement for Designated Parking at the Lockwood Lot 2013 – 2018

Discussion ensued regarding whether approval of the License Agreement would preclude local residents and other businesses from utilizing the Lockwood parking facility. It was noted that the parking spaces located in the center of the lot, where a new guardrail will be installed, should be assigned to licensees. Daily parking meters will be relocated along the side of the fence surrounding the parking lot.

Mr. Louis Nigrello moved to approve Resolution 2013–20 and was seconded by Mrs. Patricia Kischak. The board passed Resolution 2013 –20, five to zero.

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Regular Board Meeting MinutesJune 18, 2013

YPA Parking Ticket Revenue Distribution / PVB payments

The board discussed the matter of Authority parking ticket revenue distribution and Parking Violations Bureau (PVB) payments. Mr. Levy indicated that he had asked about an agreement between the Authority and the Parking Violations Bureau and that no one had anything in writing. Mr. Levy asked how long the Authority had sought to resolve the matter at hand. Chairman Regan noted that the Authority had not had an executive director for two years for the sake of savings adding that the current executive director during the first quarter attempted to obtain information on the matter. With the loss of the Larkin Plaza facility to the Saw Mill River day–lighting project which accounted for approximately five hundred thousand ($500,000) dollars in revenue; the Authority is potentially losing more revenues. The board agreed that the matter needed to be looked at in closer detail. Mr. Levy stated that he would have the presented figures looked into to clarify why PVB records were not in sync with Ez–Tag figures.

Review Survey of Proposed Parking Meter Sites

The board reviewed the information containing the proposed parking meter sites. The next step is to submit the survey of proposed parking meter sites to the City’s Traffic department for their review, comments, and or approval.

Park–a–Drome: YPA Estimated Management Costs

Discussion ensued concerning the estimated management costs for operation of the Park–a–Drome garage. Mrs. Mrijaj indicated that correspondence had been forwarded to St. John’s Riverside hospital concerning the lease that will expire July 2013. Mr. Cavanaugh opined that the Park–a–Drome garage should be made available to the general public. Mr. Levy indicated that he would look into the need for the Yonkers Police Department (YPD) vehicles parking on the garage’s rooftop.

Government Center Garage (GCG): La Piñata Bakery Lease Renewal

The board discussed the merits of renewing the lease of the La Piñata bakery, which expires in 2014. The owner of the La Piñata bakery is seeking to exercise his option to renew the current lease for an additional five (5) years. The owner of the La Piñata bakery was advised to contact the City’s Planning and Development department’s concerning the City’s development plans.

Hudson Park Phase III Parking and Staging [Collins Enterprises Project]

Mrs. Mrijaj informed the board that Barbara Carmichael, of the Hudson Park project, had approached the Authority, first, seeking to secure approximately a hundred (100) parking spaces

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Regular Board Meeting MinutesJune 18, 2013

Hudson Park Phase III Parking and Staging [Collins Enterprises Project] cont.

between the Buena Vista Garage and the Chicken Island facilities for its tenants, construction crew, and staff in preparation for the project to begin in September. The request for parking in the Buena Vista Garage would temporarily last three to four months. The board agreed to accommodate Hudson Park’s parking needs upon submittal of a formal written request.

Outstanding Invoices Due to the Authority by the City of Yonkers

The board briefly discussed the issue concerning the outstanding invoices due to the Authority by the City of Yonkers. Mr. Levy indicated that payment for the City’s carpool was being processed.

Yonkers Larkin GarageMr. McGrath updated the board that an email was awaited, from the counsel for the Yonkers Larkin garage, responding to the Authority’s claim for costs outlaid by the Authority in preparation for management of the Yonkers Larkin Garage.

Ammano Service Contract

Mr. Dalli asked Mr. McGrath about the status of the Amano contract which Mr. de Angelis, of Corporation Counsel, had been reviewing. Mr. McGrath indicated that Mr. de Angelis had informed him that he had spoken with Mr. Thimba, of Amano, concerning the contract. Mr. Dalli responded that Mr. Thimba had just informed that he had not heard from Mr. de Angelis.

Financial Report: May 2013

Mr. Dalli presented the financial report for May 2013 to the board.

The Yonkers Parking Authority (YPA) recorded a total of $364,602 in revenues under the YPA Account and $49,390 under the Buena Vista Garage (BVG) Account during the month of May 2013.

Operating expenditures for May 2013 totalled $342,686 for the YPA and $106,570 for BVG.

YPA revenues reflected an increase of nine (9%) percent from May 2012 to May 2013, while BVG had an increase of eleven (11%) percent from the previous year.

May 2013 expenditures for the YPA increased by thirteen (13%) percent from May 2012, while BVG expenditures reflected an increase of forty–one (41%) percent.

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Regular Board Meeting MinutesJune 18, 2013

Lockwood Lot: DEC Remediation

There was no discussion concerning the Lockwood lot.

Flea Market

There was no discussion concerning the Flea Market.

Union Negotiation

There was no discussion concerning union negotiations

Executive Session (Legal issues)

Mrs. Kischak motioned to go into executive session to discuss issues concerning legal issues, and was seconded by Mr. Nigrello. The executive session was convened at 7:10 p.m.

Mrs. Kischak motioned to go out of executive session and was seconded by Mr. Nigrello. No votes were taken during executive session. The regular session was reconvened at 7:20 p.m.

Resolution No. 2013–22: Corporation Counsel to Initiate a Small Claims Action versus Former Councilwoman Patricia McDow

Mr. Levy moved to approve Resolution 2013–22 and was seconded by Mr. Nigrello. The board passed Resolution 2013 –22, five to zero.

Conclusion

With no further business to be discussed, Mrs. Kischak moved that the regular meeting be adjourned and was seconded by Mr. Nigrello. The meeting was adjourned at 7:25 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

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Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

Special Board Meeting MinutesJuly 16, 2013

The specially scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, July 16, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

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

Absent:Mrs. Lisa Mrijaj, Executive Director

Visitor:Mr. Brendan McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYKenneth McGovern, YPA employeesArthur Melendez, YPA employee

Call to Order

Chairman Regan called the meeting to order at 5:30 p.m. Chairman Regan asked that board members calling for a special meeting should show courtesy to the other board members and check the availability of their schedule.

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Special Board Meeting MinutesJuly 16, 2013

Proposed Establishment of Operations Committee

Mrs. Patricia Kischak motioned to commence discussion on the proposed establishment of an Operations committee and was seconded by Mr. Levy. Discussion ensued with Mrs. Kischak stating that upon her appointment to the Authority board that she had taken special pains to become knowledgeable about her duties as a board member including the function and purpose of the Governance and Audit committees. Mrs. Kischak opined that the board should try to flesh out the Governance and Audit committees rather than establish an Operations committee. Mrs. Kischak said that to have a third committee on such a small board was overkill.

Mr. Cavanaugh responded that if one looked at the ABO guidelines it spelled out the role of the Audit committee. Mr. Cavanaugh added that the function of the Governance committee had a much broader role by meeting periodically, reviewing policies, and reviewing the performance of executive staff. Mr. Cavanaugh said that the issues between the Yonkers Parking Authority and the City had not been resolved; and, that in terms of the benefit to the City that there needed to be a better relationship. Mr. Cavanaugh indicated that the city administration wanted to take a closer look at the Authority as the city administration was very concerned with the Buena Vista Garage (BVG) deficit. Mr. Cavanaugh added that the Operations committee would not prevent the board from making better use of the Governance and the Audit committees.

Chairman Regan stated that the resolution for the establishment of an Operations Committee was redundant, and unnecessary, and that he would be voting against it. Mr. Cavanaugh indicated that the function of the Operating committee would be to review the day to day operations of the Authority adding that the executive director and senior staff would report directly to himself as Chairman of the Operations committee.

Resolution No. 2013–22: Establishment of Operations Committee and Appointment of James Cavanaugh as Operations Committee Chairman

Mr. Cavanaugh moved to approve Resolution 2013–22 and was seconded by Mr. Levy. A roll call of the board members was done to formally record the vote cast by each board member with regard to Resolution No. 2013–22 (Establishment of Operations Committee) as follows:

Mr. William Regan, Chairman voted nay;Mrs. Patricia Kischak, Vice Chairwoman voted nay;Mr. James Cavanaugh, Member voted aye;Mr. Dennis Gallego, Member voted ayeMr. Steven Levy, Member voted aye.

The board passed Resolution 2013 –22, three to two.

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Special Board Meeting MinutesJuly 16, 2013

Installation of Steven J. Levy as Board Secretary

Mr. Steven J. Levy replaced Mr. Louis Nigrello, who resigned his position on the board, as board Secretary.

Installation of Dennis R. Gallego to Audit Committee.

Mr. Dennis R. Gallego replaced Mr. Louis Nigrello, who resigned his position on the board, on the Audit Committee.

Resolution No. 2013–23: Yonkers Board of Education License Agreement for Designated Parking at the Buena Vista Garage (August 01, 2013 – July 31, 2015)

The board reviewed Resolution No. 2013–23: Yonkers Board of Education License Agreement for Designated Parking at the Buena Vista Garage (August 01, 2013 – July 31, 2015). Mr. Brendan McGrath, Esq., indicated that he had a concern with an insurance provision contained within the license agreement. Mr. McGrath indicated that he would speak with the legal section at the Board of Education concerning the provision.

Coordination of New Security System Access Cards with GCG Parking Access Cards

Mr. Levy indicated that the city administration was in the process of implementing new access cards as part of a new security system within city facilities and that the city wished to include the parking access cards used at the Government Center garage as part of the new security system. Mr. Levy also indicated that the City was willing to pay the costs for the upgrade to the Government Center garage’s revenue control system in order to include the parking access cards within the security system. Mr. Dalli said that as long as the cards were formatted to the current revenue control system it could be done. The board briefly discussed the concern that with the implementation the parking access cards would identify the card’s owner.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the meeting be adjourned and was seconded by Mr. Levy. The meeting was adjourned at 5:55 p.m.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

Yonkers Parking Authority

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8 Buena Vista AvenueYonkers, New York 10701

Regular Board Meeting MinutesSeptember 24, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, September 24, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

YPA Staff:Mr. Jay McLynn, Assistant to the Executive Director Mr. Joseph Dalli, Deputy Executive Director/CFOMs Susan M. Maros Victoria, Human Resources Director/ Recording Secretary

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

Absent:Mrs. Lisa Mrijaj, Executive Director

Call to Order

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

Affirmation of Minutes of June 18, 2013 Regular Board Meeting

The board reviewed the minutes of the regular board meeting convened on June 18, 2013. Mrs. Kischak motioned to affirm the minutes of the regular board meeting of June 18, 2013 and was seconded by Mr. Cavanaugh. The minutes of June 18, 2013 were affirmed five to zero.

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September 24, 2013

Affirmation of Minutes of July 16, 2013 Special Board Meeting

Mr. Cavanaugh motioned to affirm the minutes of the special board meeting of July 16, 2013 and was seconded by Mr. Levy. The minutes of July 16, 2013 were affirmed five to zero.

New Business

Resolution No. 2013 – 25: Pier Street Termination of Permit of Use

Mrs. Patricia Kischak moved to approve Resolution 2013–25 and was seconded by Mr. Dennis Gallego. The board passed Resolution 2013 –25, five to zero.

Resolution No. 2013 – 26: Yonkers Board of Education License Agreement for Designated Parking at the Buena Vista Garage (September 01, 2013 – July 31, 2015)(Resolution No. 2013–23 re –introduced as Resolution No. 2013 – 26 for affirmation)

Mr. Steven Levy moved to approve Resolution 2013–26 and was seconded by Mr. Dennis Gallego. The board passed Resolution 2013 –26, five to zero.

Resolution No. 2013 – 27: United States Postal Inspector Service (USPIS) Parking(Resolution No. 2013–21 re–introduced as Resolution No. 2013 – 27 for further consideration)

Mr. Jim Cavanaugh moved to approve Resolution 2013–27 and was seconded by Mrs. Patricia Kischak. The board passed Resolution 2013 –27, five to zero.

Resolution No. 2013 – 28: Ridge Hill Parking Meter Settlement

Discussion ensued concerning Resolution No. 2013–28 and the merits of the Authority’s position that it should share in the settlement. Mr. Cavanaugh asked why the Authority would need the money since Forest City violated city law so the Attorney General was exacting a settlement for violating a city ordinance. Mr. Cavanaugh added that there never should have been any parking meters. Mr. Regan pointed out that the City’s case was engendered due to the Yonkers Parking Authority notifying the City of Yonkers that parking meters had been illegally installed. Mr. Regan added that Forest City installed the parking meters without notifying anyone and that the Authority should receive a fair share of the settlement monies.

Chairman Regan stated that the Yonkers Parking Authority board had a fiduciary responsibility to enhance its revenues and that board members should vote to participate in the settlement.

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September 24, 2013

Resolution No. 2013 – 28: Ridge Hill Parking Meter Settlement cont.

Mr. Levy interjected saying that the money was for a public service and that the City of Yonkers’ mission was global whereas the Authority’s was specific. Mr. Levy stated that the City of Yonkers has a better handle on the best use of the money.

Mrs. Patricia Kischak moved to approve Resolution 2013–28 and was seconded by Mr. William Regan. Resolution No. 2013–28 was defeated by a vote of three to two. A roll call was done with each member casting their vote as follows:

Chairman William T. Regan: YeaVice Chairwoman Patricia Kischak: YeaSecretary Steven J. Levy: NayMr. James Cavanaugh: NayMr. Dennis R. Gallego: Nay

Payroll: ADP v. City of Yonkers’ Central PayrollResolution No. 2013 – 29: Conversion of Payroll Services from Automatic Data Processing (ADP) to City of Yonkers

Resolution 2013–29 was presented by Mr. Cavanaugh for the board’s consideration. The board discussed the merits of converting the Authority’s payroll services from the Automatic Data Processing (ADP) Company to the City of Yonkers’ payroll department citing cost savings. Mrs. Kischak acknowledged the cost savings as positive but highlighted the need to have a written agreement with the City of Yonkers detailing responsibilities and commitment by both parties. Chairman Regan suggested that Resolution 2013–29 be amended to authorize a fact finding mission to determine the feasibility of the proposed conversion before actually directing that the conversion take place.

Mr. Steven Levy moved to approve Resolution 2013–29, as amended, and was seconded by Mr. Dennis Gallego. The board passed Resolution 2013–29, five to zero.

Meter Break-in Update

Chairman Regan informed the board that the Yonkers Police department had caught the individual who had been breaking into the parking meters both in Yonkers and Port Chester. Mr. Regan noted that the individual was out on bail and had retained an attorney. Mr. McLynn reported that all information concerning the meter break–ins in Yonkers had been provided to the Yonkers Police department.

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Operations Committee Update

Mr. Cavanaugh briefed the board concerning the automation of the Government Center Garage, which includes the removal of the manned booth, with staff being directed to move forward with its implementation. Similarly, automation of the Cacace Justice facility was also discussed. Mr. Cavanaugh briefed the board concerning the Lawrence parking facility and the possibility of making the lot more appealing to parkers. Mr. Cavanaugh reported that DPW had cut down heavy foliage, while the Authority removed the old fence and hauled away trash in an attempt to clear the lot for parking by removing the elements of a hang out place.

Additionally, the board was briefed concerning Retro Fitness who desire to amend the terms of their license agreement which expires in 2017. Discussions between Joseph Dalli and the principals of Retro Fitness have been held to determine how many tickets are actually needed. Mrs. Kischak inquired about the frequency of Operations committee meetings. Mr. Cavanaugh responded that meetings were to be held once a quarter. Mr. Cavanaugh added that he had been meeting with Authority staff on a weekly basis.

Updates

Outstanding Invoices Due from City of Yonkers

Mr. Levy stated that the Mayor was ready to square up and start fresh. Mr. Levy indicated that Commissioner John Liszewski and the Authority’s Chief Financial Officer, Joseph Dalli, would work out the details. Mr. Levy addressed Mr. Dalli and said that he would have Mr. Liszewski call him. Mr. Levy said, “We know what we owe and it’s time to start fresh”. Mr. Dalli said, we currently owe the city eighty–two thousand nine hundred forty–nine ($82,949.56) dollars and fifty–six cents and the City owes the Authority two hundred seventeen thousand three hundred sixty–four ($217,364) dollars.

YPA Parking Ticket Revenue Distribution / PVB Payments

This topic was included in the remarks concerning outstanding invoices due from the City of Yonkers.

Hudson Park Phase III Parking and Staging [Collins Enterprises Project]

The board was briefed that Barbara Carmichael, of the Hudson Park Phase III Parking and Staging [Collins Enterprises Project], who had initially sought parking for their residents at the Buena Vista Garage for approximately three to four months, to commence October 2013, was now seeking to commence their project in April 2014 due to the pre–cast fabrication of the building’s facades and subsequent delivery schedules being underestimated.

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September 24, 2013

Park–a–Drome: Lease Renewal

The board briefly discussed the lease renewal for the Park–a–Drome with staff being directed to remit correspondence to St. John’s hospital to draw their attention to the lease that expired in July 2013.

Review Survey of Proposed Parking Meter Sites

Mr. McLynn reported to the board that the Authority had received Acting Traffic Engineer, Dominick Micka’s response to the Authority’s proposed parking meter sites. Mr. Cavanaugh indicated that the City Council had to create zones and that an estimate of how much revenue would be realized should be generated. Mr. Regan suggested that a report containing the proposed sites that the Traffic and Engineering departments agree to and estimate how many parking meters and much revenue would be realized. The board discussed the need to identify city council members whose areas would be impacted.

Yonkers Larkin Inc. Garage

Mr. McGrath, First Deputy Corporation Counsel, informed the board that he never heard back from the principals of the Yonkers Larkin Garage. Mr. McGrath indicated that he would follow up with them and report to the board at the next board meeting.

Lockwood Lot: DEC Remediation

Mr. Dalli briefed the board that the matter was before the City Council as they spoke and that the matter should be closed by year end.

Union Negotiation

Chairman Regan indicated that there had been no overtures from the union to discuss the contract or continue negotiations.

Parking Lot for Private Residences

Mr. Levy informed the board that a lot was being considered for private residences at 418 Riverdale Avenue. Mr. Levy advised Authority staff to look at it and see if the Authority could make use of it.

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September 24, 2013

Financial Report: August 2013

Mr. Dalli presented the financial report for August 2013 to the board.

The Yonkers Parking Authority (YPA) recorded a total of $390,322 in revenues under the YPA account and $47,292 under the Buena Vista Garage (BVG) account during the month of August 2013.

Operating expenditures for August 2013 totalled $361,720 for the YPA and $94,462 for the Buena Vista Garage (BVG).

YPA revenues realized an increase of twenty–five (25%) percent from August 2012 to August 2013, while BVG reflected a one (1%) percent decrease from the previous year.

August 2013 expenditures for the YPA decreased by three (3%) percent from August 2012, while BVG expenditures reflected an increase of nine (9%) percent.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the regular meeting be adjourned and was seconded by Mr. Levy. The meeting was adjourned at 6:40 p.m.

Respectfully submitted,

Susan M. Maros–VictoriaHuman Resources Director/Recording Secretary

City of Yonkers Parking Authority

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8 Buena Vista AvenueYonkers, New York 10701

Governance Committee Meeting MinutesOctober 29, 2013

A scheduled meeting of the Yonkers Parking Authority Board Governance Committee took place on Tuesday, October 29, 2013, at 7:05 p.m. at YPA offices, at 8 Buena Vista Avenue, Yonkers, New York.

Present:

Board members:Hon. William T. Regan, ChairmanMrs. Patricia Kischak, Vice ChairwomanMr. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

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

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

Call to Order

Chairman Regan called the meeting to order at 7:05 p.m. There being no business to discuss, Mrs. Kischak moved to adjourn the meeting and was seconded by Mr. Levy.

Respectfully submitted,

Susan M. Maros Victoria Human Resources Director/Board Recording Secretary

Yonkers Parking Authority8 Buena Vista Avenue

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Yonkers, New York 10701

Regular Board Meeting Minutes [AMENDED]October 29, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, October 29, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYKenneth McGovern, YPA EmployeeArthur G. Melendez, Jr., YPA Employee

Call to Order

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

Affirmation of Minutes of September 24, 2013 Regular Board Meeting

The board reviewed the minutes of the regular board meeting convened on September 24, 2013. Mrs. Kischak motioned to affirm the minutes of the regular board meeting of September 24, 2013 and was seconded by Mr. Cavanaugh. The minutes of September 24, 2013 were affirmed five to zero.

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New Business

Resolution No. 2013–30: Renewal of Service Agreement by and between the Yonkers Parking Authority & NetTech Solutions, LLC (effective: October 01, 2013 – September 30, 2014)

Mr. Cavanaugh moved to approve Resolution 2013–30 and was seconded by Mr. Levy. The board passed Resolution 2013–30, five to zero.

Resolution No. 2013–31: Approve Purchase of Replacement Operations Support Vehicle for the Rolling Stock

A brief discussion ensued concerning replacement of the operations support vehicle. Mrs. Kischak asked about the bidding process and was informed that the bid for the vehicle had come through the State contract system. Mr. Levy asked about the back up vehicle and Mr. McLynn responded that the back–up vehicle would be cannibalized for parts.

Mrs. Kischak moved to approve Resolution 2013–31 and was seconded by Mr. Levy. The board passed Resolution 2013–31, five to zero.

Resolution No. 2013–32: Approve Purchase of Garage Sweeper 2013 for the Rolling Stock

The board reviewed Resolution no. 2013–32 to approve purchase of a garage sweeper for the rolling stock. The board inquired if the sweeper had been accessible through the state contract system and Mr. McLynn responded that the bid had come from the Hudson Valley bid system.

Mr. Levy moved to approve Resolution 2013–32 and was seconded by Mr. Gallego. The board passed Resolution 2013–32, five to zero.

Resolution No. 2013–33: Approve Authority Staff to Seek Requests for Proposals (RFP) forMulti Space Meters (MSM)

The board discussed resolution no. 2013–33 concerning granting Authority staff permission to seek Requests for Proposals (RFPs) for Multi Space Meters (MSM) at length. Mr. McGrath, of Corporation Counsel, indicated that he would review the Request for Proposal and include the appropriate legal language into the document.

Mr. Cavanaugh requested that Requests for Proposal (RFPs) be distributed to board members for their review prior to issuing a Request for Proposal. Mrs. Mrijaj said that Requests for Proposal would be forwarded to the board members for their review.

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Resolution No. 2013–33: Approve Authority Staff to Seek Requests for Proposals (RFP) forMulti Space Meters (MSM) cont.

Mrs. Kischak asked if the Multi Space Meters were to replace the single space meters to which Mr. McLynn responded that the multi space meters would potentially replace the single space parking meters. Mr. Levy asked about electronic single space meters. The board considered if a comparison study, as well as, a cost analysis should be done to gauge the public’s feedback concerning single space parking versus multi space meters. Mr. Dalli noted that there were benefits associated with both types of parking meters: economy of space was considered a benefit of the multi space meter. However, there could be spaces where a single space parking meter would be beneficial. Mr. Cavanaugh stated that the advantage of the multi space meters was cost and convenience by permitting the use of a credit card to purchase parking time. Mr. Cavanaugh further stated that he had spoken with other parking authorities and that the feedback that he had received was that more revenues were realized with implementation of multi space meters.

Mr. Cavanaugh suggested that perhaps the Authority should retain a parking consultant to study traffic patterns as well as meter usage. Chairman Regan stated that he did not believe the YPA needed a consultant for this purpose at this time. Chairman Regan noted that the Authority had no electronic meters at the current time and inquired as to the cost. Mr. Dalli said that the cost of an electronic meter mechanism is six hundred ($600) dollars whereas the meter housing was two hundred ($200). Additionally, that the communications cost was approximately a dollar ($1.00) per day plus the costs of the electronic hockey puck totaling approximately fifteen hundred ($1500) dollars per electronic meter. Mr. Dalli added that if the multi space meter became non operational the equivalent of ten single space parking meters became non operational rather than just the loss of one single space parking meter. Mr. Levy indicated his preference for the elimination of the free ten (10) minute feature.

Mrs. Kischak moved to approve Resolution 2013–33 and was seconded by Mr. Cavanaugh. The board passed Resolution 2013–33, five to zero.

Resolution No. 2013–34: Approve Authority Staff to Seek Requests for Proposals (RFP) for the Government Center Garage (GCG) Automation

The board considered resolution 2013–34 regarding granting Authority staff approval to seek Requests for Proposals (RFPs) for the automation of the Government Center Garage. Mr. McGrath indicated that he would have the relative documents sent to the Authority. Mr. Cavanaugh again asked that the Requests for Proposals (RFPs) be forwarded to the board members for their review. Mr. Cavanaugh initiated discussion concerning the option of putting surveillance cameras on Con Edison poles. Mr. Cavanaugh noted that the concept would have to be explored until the dispute with Con Edison was resolved.

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Resolution No. 2013–34: Approve Authority Staff to Seek Requests for Proposals (RFP) for the Government Center Garage (GCG) Automation cont.

Staff was directed to contact Con Edison to inquire how much Con Edison would charge to have surveillance cameras installed on its light poles.

Mr. Levy moved to approve Resolution 2013–34 and was seconded by Mr. Gallego. The board passed Resolution 2013–34, five to zero.

Operations Committee Update

Mr. Cavanaugh indicated that there was nothing to report as no meetings had been held.

Updates

Outstanding Invoices Due from City of Yonkers

With regard to the issue concerning the YPA parking ticket revenue distribution / PVB payments, Mr. Levy indicated that he understood that the City and the Authority had been talking in an attempt to settle the matter. Mrs. Mrijaj asked about the status of the City employee parking permit rate which was initially fifty ($50.00) dollars and had been reduced by the Mayor to thirty–five ($35.00) dollars causing a revenue deficit to the Authority. Mr. Levy responded in the negative indicating that, that was the only thing left out of the monies owed by the City to the Authority. Mr. Cavanaugh suggested that the thirty–five ($35.00) dollar employee parking permit issue be done retroactively and asked that a resolution be prepared for the board to consider. Mrs. Mrijaj responded yes, Susan can do that. Mr. Dalli was directed to call the contact person at the City to finalize the payment due the Authority by the City.

YPA Parking Ticket Revenue Distribution / PVB Payments

Mr. Levy noted that with the retirement of Frank McGovern, Executive Director of the Parking Violations Bureau that they were still sorting through papers. Mr. Cavanaugh asked about the parking ticket issue indicated on the summary sheet enclosed with the board’s meeting packet. Mrs. Mrijaj responded that the Authority’s system indicated that of the total 794 parking tickets issued within a thirty day period during January 2013 the Parking Violations Bureau indicated only 455 parking tickets issued of which the Authority was allotted to receive 414 tickets worth of payments. Mrs. Mrijaj said that there was a gap because the Authority did not know how many of the tickets issued by Authority personnel were dismissed and or paid subsequent to the thirty (30) day cap resulting in a variance between the tickets issued according to Authority records and the data received from the City. Mr. Levy asked, “What does City give you in terms of a report?” Mr. Dalli answered that under the previous administration that he would go to the

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YPA Parking Ticket Revenue Distribution / PVB Payments cont.

office of Anita Morck, Deputy Executive Director, of the Parking Violations Bureau and a report would be generated within fifteen minutes at his request. Mrs. Kischak asked if Mr. Levy would talk to MS Morck and Mr. Levy answered that he would speak with the Mayor’s assistant, Ms Denise Egiziaco.

Payroll: ADP v. City of Yonkers’ Central Payroll: Conversion of Payroll Services from Automatic Data Processing (ADP) to City of Yonkers

The board was briefed regarding the results of the meeting between Authority and City payroll personnel and the costs involved. Mr. Dalli reported that in converting the Authority’s payroll to the City, the City’s in house development cost was estimated at approximately fifty thousand ($50,000) dollars. One of the challenges of the City faced in running the Authority’s payroll is the Authority’s distinct Individual Taxpayer Identification Number (ITIN); as it is a separate entity from the City of Yonkers. Additionally, the consultant fees were also estimated at approximately twenty–four thousand ($24,000) dollars. Mr. Dalli noted that it would a little over two years to break even in terms of costs to the City. Ms Maros Victoria reported that a tentative deal had been reached with Automatic Data Processing (ADP) in which the yearly costs had been reduced by over thirty (30%) percent. The board’s consensus was for the Authority to continue outsourcing its payroll with ADP.

Park–a–Drome: Lease Renewal

The board was informed that a letter had been remitted to St. John’s Riverside Hospital regarding the lease renewal for the Park–a–Drome parking garage.

Review Survey of Proposed Parking Meter Sites

Mr. Cavanaugh asked about the Authority’s 1964 Master Agreement with regard to the establishment of parking meter zones and who had the ultimate authority in establishing meter zones, the Authority or the City Council. Chairman Regan said that he believed that the City code states that the City has the right to establish meter zones. Mr. McGrath said that he would compare the two documents: the City Code and the Authority’s 1964 Master Agreement.

Mrs. Kischak said that in her point of view placing parking meters in industrial zones was inappropriate and that it was stabbing both the employer and the employee in the back since both pay taxes to the City of Yonkers. Mr. Cavanaugh indicated that it was fair to charge employees to park. Mr. Regan opined that most of the proposed parking meters would be empty because parkers would go into residential areas to park their vehicles. Mrs. Kischak observed that some of the employees that would be impacted had low paying jobs.

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Review Survey of Proposed Parking Meter Sites cont.

The next step in the process for the proposed parking meter sites was for the matter to go before the City Council. Mr. Regan asked if there were any way to float the concept before the City Council. Mr. Levy responded that the City Council members would not like it because it would impact their areas. The Authority would be asked to justify its position in creating more meter zones by explaining that it was attempting to close the deficit on the Buena Vista Garage. Mr. Cavanaugh said that he was not looking for turn over parking but rather long term parking adding that he saw an inconsistency in not charging industrial workers for parking and then charging city employees to pay for parking.

Mr. Dalli said that initially the Engineering department had indicated no to some proposed sites and placed a caveat on other sites. Mr. Cavanaugh said that the purpose of the proposed meter zones was to increase revenues. Mr. Dalli pointed out the payback period was over seven (7) years; and that parking meters normally last five (5) years. Mr. Cavanaugh responded that the Authority could earn money by replacing just the meter mechanism because the meter housing would still be usable. Mr. Levy remarked that the matter was at an impasse.

Yonkers Larkin Garage Inc.

Mr. McGrath, First Deputy Corporation Counsel briefed the board that he called Ms Shea Humphries who represents the principals of the Yonkers Larkin Garage but never heard back from her. Mr. McGrath indicated that he had discussed the matter with Mr. Michael Curti, the Corporation Counsel and that with minimal effort could engender a small claims action.

Resolution No. 2013–35: Approve Small Claims Action versus the Yonkers Larkin Garage Inc.

Mrs. Kischak moved to approve Resolution 2013–35 and was seconded by Mr. Cavanaugh. The board passed Resolution 2013–35, five to zero.

Lockwood Lot: DEC Remediation

Mr. McGrath reported that the report of the second Groundwater findings was awaited. Mr. Dalli remarked that the matter should be closed by year end.

Union Negotiation

Chairman Regan indicated that Mrs. Mrijaj had received an email and a telephone call from the union requesting a meeting. Mr. Cavanaugh suggested hiring a labor consultant. Mr. Levy noted that the Authority’s union contract would set a precedent for the City’s unions. Mr. Regan asked

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Union Negotiation cont.

who of the board members would like to be included in the meetings with the union. Mr. Levy accepted.

Parking Lot for Private Residences

Mr. McLynn reported that he did not think that the proposed lot would be a good fit for the Authority and cautioned it might turn out to be another Lockwood lot.

Other Business

Government Center Garage (GCG)

The board briefly discussed the automation of the Government Center Garage (GCG). Mr. Levy noted that only the Mayor, the City’s executive staff and members of the City Council would be allowed parking on the garage rooftop parking level. The board was informed that the City is purchasing readers for the garage. Mr. Dalli said that it would cost eighteen thousand ($18,000) dollars in total to readers for the rest of the Government Center Garage: two (2) for the lower level and two (2) for the Nepperhan Avenue entrance. Mr. Levy directed Mr. Dalli to confirm with the Amano Company the costs associated with the conversion of all the readers at the Government Center Garage and to report back to the board.

Financial Report: September 2013

Highlights of the September 2013 Financial report are included in the minutes.

The Yonkers Parking Authority (YPA) recorded a total of $398,778 in revenues under the YPA account and $78,170 under the Buena Vista Garage (BVG) account during the month of September 2013.

Operating expenditures for September 2013 totalled $365,959 for the YPA and $79,551 for the Buena Vista Garage (BVG).

YPA revenues realized an increase of twenty–four (24%) percent from September 2012 to September 2013, while BVG reflected a seventeen (17%) percent increase from the previous year.

September 2013 expenditures for the YPA increased by twenty–five (25%) percent from September 2012, while BVG expenditures reflected an increase of nine (9%) percent.

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Governance Committee

The Governance committee was convened with Chairman Regan calling the committee meeting to order at 7:05 p.m. There being no business to discuss, Mrs. Kischak moved to adjourn the meeting and was seconded by Mr. Levy.

Executive Session (personnel issue)

Mr. Levy motioned to go into executive session to discuss a personnel policy issue and was seconded by Mrs. Kischak. The executive session was convened at 7:07 p.m.

No votes or actions were taken during executive session and no intention to take a vote outside of executive session was indicated. The regular session was reconvened at 7:20 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 Monday, November 25, 2013, at Authority offices.

Conclusion

With no further business to be discussed, Mrs. Kischak moved that the regular meeting be adjourned and was seconded by Mr. Levy. The meeting was adjourned at 7:25 p.m.

Respectfully submitted,

Susan M. Maros–VictoriaHuman Resources Director/Recording Secretary

City of Yonkers Parking Authority

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8 Buena Vista AvenueYonkers, New York 10701

Audit Committee Meeting MinutesNovember 25, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board Audit Committee was convened on Monday, November 25, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYKenneth McGovern, YPA EmployeeArthur G. Melendez, Jr., YPA Employee

Proposed Budget 2014

The Audit committee was convened for the purpose of discussing the proposed budget for FY 2014. The board reviewed the proposed budget. Mr. Dalli noted that health insurance rates were projected to increase and that actual figures would be available towards the end of December. Mr. Dalli indicated that retirement rates were consistent. Mr. Dalli reported that electricity rates were going up approximately twelve (12%) percent.

The board discussed how to offset increasing costs against dragging revenues. Chairman Regan stated that he was not interested in raising the parking permit rates and would consider the possibility of utilizing funds from the fund balance. Mr. Dalli stated that we must generate operational revenues to balance the budget in order to meet the bond’s indenture requirement. However, if the board anticipated new revenues within the upcoming year, via the Larkin Garage etc., then an appropriation would be possible to balance the budget now. But, adjustments to the

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budget would be needed to replace the appropriation with operational revenues within the budget year. Mr. Cavanaugh said that he agreed with Mr. Regan with regard to not increasing permit rates. Mr. Cavanaugh indicated that if the Authority could manage the Yonkers Larkin Garage and install more parking meters the budget deficit gap could be managed. The advantages and disadvantages of managing the Yonkers Larkin Garage were discussed with Mr. Cavanaugh remarking that how many vehicles parked at the Yonkers Larkin Garage was no longer an estimate but a known quantity.

Mr. Levy stated that with regard to budgeting one either increased revenue or cut expenses, he asked if Authority management had considered reducing staff and asked if there were any employees who were planning to retire. Mr. Cavanaugh noted that a quarter of a million dollar deficit was significant. Mr Cavanaugh asked as to why the NYSHIP costs were so high. Mr. Dalli reported that he discussed it with the City’s Finance department and it had been decided to use the pessimistic rate, which could always be adjusted at a later date. The board asked for an overview of all three NYSHIP projections.

Chairman Regan stated that he was not in favor of a straight layoff of existing employees. Mr. Levy responded that it’s a hard conversation but someone has to put it on the table. Mr. Dalli noted that as Mr. Levy and Mr. Cavanaugh had noted during past meetings that the YPA staff was already functioning at bare bones. In order to balance the budget with personnel cuts we would have to eliminate four positions.

With no further Audit committee business to be conducted, the regular board meeting was resumed.

Respectfully submitted,

Susan M. Maros VictoriaHuman Resources Director/Recording Secretary

Yonkers Parking Authority8 Buena Vista Avenue

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Yonkers, New York 10701

Regular Board Meeting MinutesNovember 25, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Monday, November 25, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

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

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYKenneth McGovern, YPA EmployeeArthur G. Melendez, Jr., YPA Employee

Call to Order

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

Affirmation of Minutes of October 29, 2013 Regular Board Meeting

The board reviewed the minutes of the regular board meeting convened on October 29, 2013. Mrs. Kischak requested that the minutes of October 29, 2013 be amended to include a notation, on page five of the minutes, with regard to the proposed Authority payroll conversion to the City of Yonkers that one of the challenges that the City faced in running the Authority’s payroll is the

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Affirmation of Minutes of October 29, 2013 Regular Board Meeting cont.

Authority’s distinct Individual Taxpayer Identification Number (ITIN); as it is a separate entity from the City of Yonkers.

Mrs. Kischak also requested that the minutes of October 29, 2013 be further amended to include a notation, on page six of the minutes, with regard to proposed parking meter sites that the next step in the process for the proposed parking meter sites was for the matter to go before the City Council.

Mrs. Kischak motioned to affirm the minutes, as amended, of the regular board meeting of October 29, 2013 and was seconded by Mr. Levy. The minutes of October 29, 2013 were affirmed five to zero.

Affirmation of October 29, 2013 Governance Committee Meeting Minutes

The board reviewed the minutes of the Governance Committee meeting convened on October 29, 2013. Mr. Levy motioned to affirm the minutes of the Governance Committee meeting of October 29, 2013 and was seconded by Mrs. Kischak. The minutes were affirmed three to zero.

New Business

Resolution No. 2013–36: Roll Back of Parking Permit Rate Increase for City of Yonkers Employees (See Resolution No: 2010-07)

Discussion ensued regarding Resolution 2013–36 during which Mr. Cavanaugh opined that the language contained in resolution regarding the roll back of the 2010 parking permit rate increase for City of Yonkers employees appeared combative. Mr. Levy indicated that the resolution should reflect that it was an effort to make things equal. Mrs. Mrijaj pointed out that the facts are so; however, the language should be softened. Mr. Cavanaugh suggested that the resolution should be worded in such a way as to contain neutral language and to then reintroduce the resolution.

Resolution No. 2013–36: Roll Back of Parking Permit Rate Increase for City of Yonkers Employees (See Resolution No: 2010-07) was tabled pending the re–introduction of a resolution containing neutral language.

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Resolution No. 2013–37: License Agreement between the Yonkers Parking Authority and FPJ Amusement & Entertainment Services, Inc. (April 09, 2014 – April 20, 2014)

Discussion regarding resolution 2013–37 was initiated with Mr. Levy opining that the Mayor had serious concerns with the proposed length of the carnival which spans twelve (12) days. Mr. Levy added that the City had not yet heard from the carnival principals. Mr. Dalli responded that the requirement that the City be contacted was in the proposed license agreement. Mr. Cavanaugh indicated that the City administration really did not want the carnival to run over the period of two weekends. Mr. Levy cited that a significant amount of funds had been spent on police overtime and other public safety elements last year.

Mr. Cavanaugh opined that the carnival principals should contact the City administration and then, in turn, communicate with the Authority. Mr. Dalli noted that the carnival principals would not want to run the carnival for less than the proposed twelve (12) days which spans two weekends. Chairman Regan suggested that the resolution be tabled. The inquiry was made as to who within the City administration should the carnival principals contact. Mr. Levy replied “Refer them to me.” Mrs. Kischak asked who, in general, should new vendors promoting events within the city go to see within the City. Mr. Levy answered that they should contact the Parks department.

Resolution No. 2013–37 was tabled pending further consideration.

Operations Committee Update

There was no discussion concerning the Operations Committee.

Updates

YPA Parking Ticket Revenue Distribution / PVB Payments through August 2013 / Discussion of $15 PVB Reimbursement

The matter concerning the YPA parking ticket revenue distribution was commenced by Mrs. Mrijaj who asked to remind the board that:1. The YPA still does not have an answer as to how, and why, the fifteen ($15.00) dollar ticket

revenue distribution rate was established. Even if we can not obtain an answer, this rate is not a reasonable reimbursement of tickets paid within the first thirty (30) days. and,

2. We still don’t have resolution on what happened to all tickets paid post thirty (30) days.

Mrs. Mrijaj noted that there seemed to be a discrepancy between the number of tickets issued by the Authority and the reimbursement of those tickets. Mr. Cavanaugh asked Mr. Dalli if he was saying that there were unaccounted for tickets. Mrs. Mrijaj responded that the Authority did not

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YPA Parking Ticket Revenue Distribution / PVB Payments through August 2013 / Discussion of $15 PVB Reimbursement cont.

know the outcome of the tickets whether they were dismissed or the ticket was just not paid. Mr. Dalli said that the report prepared by the Parking Violations Bureau was over a hundred pages long and contained raw data. Mrs. Mrijaj indicated that the report is missing data elements i.e. how many tickets were issued; in what month and with their subtotals. Mrs. Mrijaj and Mr. Dalli noted that they will do an analysis on extracting one month and see how that reconciles with the reported numbers. Mr. Levy noted that the report could certainly be broken down further in order to resolve the matter.

Park–a–Drome: Lease Renewal

The board was informed that in addition to the letter that had been remitted to St. John’s Riverside Hospital regarding the lease renewal for the Park–a–Drome parking garage, several calls were made and still no response. Mr. Cavanaugh added that Mr. Ronald Corti met with the Mayor and made an issue of the proposed increase. Mr. Cavanaugh assured Mr. Corti at the meeting that he would be pleased to be part of the process.

Government Center Garage (GCG) Parking Enforcement

Mr. Cavanaugh asked about twenty–nine (29) warning tickets that were issued. Mr. McLynn responded that the one hour visitor parking was being strictly enforced at the request of the City as a measure to educate the parkers.

Review Survey of Proposed Parking Meter Sites

The board continued its discussion concerning proposed parking meter sites with Mr. Levy asking as to what the process involved. Chairman Regan noted that the Mayor’s office handled the matter insofar as the City Council was concerned. Mr. McGrath concurred that both in the City Charter and Code, City Council approval is required. Mr. Levy asked Mrs. Mrijaj to send both Brendan McGrath and himself the information and that they would start to create the necessary legislation and get it before the City Council’s Rules Committee to go through the process of creating new meter zones.

Yonkers Larkin Garage Inc.

Mrs. Mrijaj asked to revisit the management of the Garage with the board. Her recollection was that during the spring of 2014, March or April, control of the Yonkers Larkin Garage board would revert to the Mayor. And as such, it was stated by Mr. McGrath during our back and forth,

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Yonkers Larkin Garage Inc. cont.

when the Garage was pulled back from the YPA earlier in the year that rather than pursue litigation we should wait until the Mayor had control. Both Mr. Levy and Mr. Cavanaugh noted that the City had concerns in doing that as the Garage has a significant deficit for which the City is liable. Mrs. Mrijaj hoped that the board would speak with the Mayor regarding his thoughts on the matter.

Lockwood Lot: DEC Remediation

Mr. McGrath reported that the final engineering report was signed off on and that the environ–mental easement request had to be filed with the County which was expected to be done within the next two weeks. If necessary, due to the year’s end deadline request by the DEC, the filing of the environmental easement report would be done by a title company to expedite the process. Mr. McGrath and Mr. Dalli would follow up with Henningson, Durham & Richardson Architecture & Engineering, PC (HDR) to ensure that all sign offs are satisfied.

Union Negotiation

Chairman Regan mentioned that the next meeting with the union was scheduled to take place on December 23, 2013 at 12:30 p.m. at Authority offices.

Other Business

Financial Report: October 2013

Highlights of the October 2013 Financial report are included in the minutes.

The Yonkers Parking Authority (YPA) recorded a total of $363,716 in revenues under the YPA account and $66,615 under the Buena Vista Garage (BVG) account during the month of October 2013.

Operating expenditures for October 2013 totalled $312,138 for the YPA and $82,321 for the Buena Vista Garage (BVG).

YPA revenues realized an increase of eight (8%) percent from October 2012 to October 2013, while BVG reflected a seven (7%) percent increase from the previous year.

October 2013 expenditures for the YPA increased by four (4%) percent from October 2012, while BVG expenditures reflected an increase of two (2%) percent.

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Audit Committee: Proposed Budget 2014

The Audit committee was convened for the purpose of discussing the proposed budget for FY 2014. The board reviewed the proposed budget. Mr. Dalli noted that health insurance rates were projected to increase and that actual figures would be available towards the end of December. Mr. Dalli indicated that retirement rates were consistent. Mr. Dalli reported that electricity rates were going up approximately twelve (12%) percent.

The board discussed how to offset increasing costs against dragging revenues. Chairman Regan stated that he was not interested in raising the parking permit rates and would consider the possibility of utilizing funds from the fund balance. Mr. Dalli stated that we are required to generate operational revenues to balance the budget in order to meet the bond’s indenture requirement. However, if the board anticipated new revenues within the upcoming year, via the Larkin Garage etc., then an appropriation would be possible to balance the budget now. Adjustments to the budget would be needed to replace the appropriation with operational revenues within the budget year. Mr. Cavanaugh said that he agreed with Mr. Regan with regard to not increasing permit rates. Mr. Cavanaugh indicated that if the Authority could manage the Yonkers Larkin Garage and install more parking meters the budget deficit gap could be managed. The advantages and disadvantages of managing the Yonkers Larkin Garage were discussed with Mr. Cavanaugh remarking that how many vehicles parked at the Yonkers Larkin Garage was no longer an estimate but a known quantity.

Mr. Levy stated that with regard to budgeting one either increased revenue or cut expenses, he asked if Authority management had considered reducing staff and asked if there were any employees who were planning to retire. Mr. Cavanaugh noted that a quarter of a million dollar deficit was significant. Mr Cavanaugh asked as to why the NYSHIP costs were so high. Mr. Dalli reported that he discussed it with the City’s Finance department and it was decided to use the pessimistic rate which can always be adjusted at a later date. The board asked for an overview of all three (3) NYSHIP projections.

Chairman Regan stated that he was not in favor of a layoff of existing employees. Mr. Levy responded that it’s a hard conversation but someone has to put it on the table. Mr. Dalli reminded Mr. Levy and Mr. Cavanaugh that they had noted during past meetings that the YPA staff was already functioning at bare bones. In order to balance both budgets (YPA & BVG) with personnel cuts we would have to eliminate four positions.

With no further audit committee business to be conducted the regular board meeting was resumed.

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Executive Session (personnel policy issue / union issue)

Mr. Cavanaugh motioned to go into executive session to discuss a personnel policy issue as well as union issues and was seconded by Mr. Gallego. The executive session was convened at 6:45 p.m.

No votes or actions were taken during executive session and no intention to take a vote outside of executive session was indicated. The regular session was reconvened at 6:55 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 Tuesday, December 17, 2013, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the regular meeting be adjourned and was seconded by Mrs. Kischak. The meeting was adjourned at 7:00 p.m.

Respectfully submitted,

Susan M. Maros–VictoriaHuman Resources Director/Recording Secretary

Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

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Special Board Meeting MinutesDecember 23, 2013

The specially scheduled meeting of the Yonkers Parking Authority Board was convened on Monday, December 23, 2013, at 6:00 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

YPA Staff:Mr. Jay McLynn, Assistant to the Executive Director Mr. Joseph Dalli, Deputy Executive Director/CFOMs Susan M. Maros Victoria, Human Resources Director/ Recording Secretary

Visitors:Mr. Curti, Esq., Corporation Counsel, City of Yonkers, NY

Absent:Mrs. Lisa Mrijaj, Executive Director

Call to Order

Chairman Regan called the meeting to order at 6:00 p.m.

.

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New Business

Resolution No. 2013–44: Authorizing a General Release and Severance Agreement

Mr. Gallego moved to approve Resolution 2013–44, and was seconded by Mrs. Kischak. The board passed Resolution 2013–44, five to zero.

Resolution No. 2013–45: Establishing a Sick Bank Policy

Chairman Regan initiated discussion of the establishment of a Sick Bank policy for unrepresented employees saying that the way that this project had started was that Mr. Dalli wanted to donate some of his accumulated sick leave to Mrs. Mrijaj. The board reviewed the proposed policy as submitted by Mr. Curti. Minor revisions were made to the Sick bank policy. The board agreed that Mr. Dalli could donate his accumulated sick leave to Mrs. Mrijaj upon his departure.

Mrs. Kischak moved to approve Resolution 2013–45, and the Sick Bank policy, as amended, and was seconded by Mr. Gallego. The board passed Resolution 2013–45, five to zero.

Resolution No. 2013–46: Adoption of City of Yonkers Special Events Permit

Mr. Levy moved to approve Resolution 2013–46, and was seconded by Mr. Gallego. The board passed Resolution 2013–46, five to zero.

Next Meeting

The date for a regular meeting of the Yonkers Parking Authority Board has been scheduled for 5:30 p.m. on Tuesday, January 28, 2014, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Levy moved that the special meeting be adjourned and was seconded by Mr. Gallego. The meeting was adjourned at 6:30 p.m.

Respectfully submitted,

Susan M. Maros–VictoriaHuman Resources Director/Recording Secretary

Yonkers Parking Authority8 Buena Vista Avenue

Yonkers, New York 10701

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Regular Board Meeting MinutesDecember 17, 2013

The regularly scheduled meeting of the Yonkers Parking Authority Board was convened on Tuesday, December 17, 2013, 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. Steven J. Levy, SecretaryMr. James Cavanaugh, MemberMr. Dennis R. Gallego, Member

YPA Staff:Mr. Jay McLynn, Assistant to the Executive Director Mr. Joseph Dalli, Deputy Executive Director/CFOMs Susan M. Maros Victoria, Human Resources Director/ Recording Secretary

Visitors:Mr. Brendan J. McGrath, Esq., First Deputy Corporation Counsel, City of Yonkers, NYKenneth McGovern, YPA EmployeeArthur G. Melendez, Jr., YPA EmployeeBlake Perez, YPA Employee

Absent:Mrs. Lisa Mrijaj, Executive Director

Call to Order

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

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Affirmation of Minutes of November 25, 2013 Regular Board Meeting

The board reviewed the minutes of the regular board meeting convened on November 25, 2013. Mr. Levy requested that page six, paragraph three, line one, of the minutes of November 25, 2013 be amended to mirror the notation, on page two, paragraph two, line one, of the Audit committee minutes of November 25, 2013, with regard to the budget and staff reductions

Mr. Cavanaugh motioned to affirm the minutes, as amended, of the regular board meeting of November 25, 2013 and was seconded by Mr. Levy. The minutes of November 25, 2013 were affirmed five to zero.

Affirmation of November 25, 2013 Audit Committee Meeting Minutes

The board reviewed the minutes of the Audit committee meeting convened on November 25, 2013. Mr. Levy requested that the spelling of the word favour be corrected to favor on page two, paragraph three, line one, of the minutes.

Mr. Levy motioned to affirm the minutes, as amended, of the Audit committee meeting of November 25, 2013 and was seconded by Mr. Gallego. The minutes were affirmed three to zero.

Executive Session (personnel policy issue)

Mrs. Patricia Kischak motioned to go into executive session to discuss a personnel policy issue and was seconded by Mr. William Regan. The executive session was convened at 5:40 p.m.

No votes or actions were taken during executive session and no intention to take a vote outside of executive session was indicated. Mrs. Kischak motioned to return to the regular session and was seconded by Mr. Gallego. The regular session was reconvened at 5:47 p.m.

New Business

Resolution No. 2013–42: Creation of Sick Leave Bank Policy

Chairman Regan introduced a resolution to create a sick bank policy wherein unrepresented Authority employees could donate accumulated sick leave time to other unrepresented employee in the case of catastrophic illness. Mr. Cavanaugh opined that he felt that a quantifier was required adding that the resolution needed some fleshing out. Mr. Cavanaugh remarked that a specific meeting could be held later in the current month to discuss the matter. Mr. Levy indicated that the matter should be examined more closely asking about the impact to the individual who donates to the sick bank. Mr. Levy further indicated that a resolution that creates a policy for the establishment of a sick bank should be passed.

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Resolution No. 2013–42: Creation of Sick Leave Bank Policy cont.

The board discussed the proposed resolution at length and amended the wording on the proposed resolution as follows:

Be It Resolved, that the board of the Yonkers Parking Authority shall develop a policy wherein unrepresented employees may donate sick leave to other unrepresented employees in the case of catastrophic illness.

Mr. Levy moved to approve Resolution 2013–42, as amended, and was seconded by Mr. Regan. The board passed Resolution 2013–42, five to zero.

Resolution No. 2013–36: Roll Back of Parking Permit Rate Increase for City of Yonkers Employees (See Resolution No: 2010-07) [Amended]

Mr. Cavanaugh moved to approve Resolution 2013–36, as amended, and was seconded by Mr. Levy. A roll call was done with the board members voting as follows:

William T. Regan – AbstainPatricia Kischak – NoSteven Levy – YesJames Cavanaugh – YesDennis Gallego – Yes

The board passed Resolution 2013–36, three to two.

Resolution No. 2013–38: Amendment to License Agreement between the Yonkers Parking Authority and Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers), Main Street Lofts Yonkers, LLC, Retro Fitness Finance Yonkers, LLC, Retro Fitness Funding Yonkers, LLC, and Teutonia Buena Vista, LLC, for a term, pursuant to said Amendment, of February 01, 2010 through January 31, 2030.

Mr. Cavanaugh briefed the assembled board members that Mrs. Mrijaj, Mr. Joseph Dalli, and himself, had met with Mr. Eric Wolfe who represented Retro Fitness to amend the License Agreement between the Yonkers Parking Authority and Yonkers Fitness LLC (d/b/a Retro Fitness of Yonkers), Mr. Cavanaugh noted that Mr. Wolfe had taken the original proposal and changed a few things on it. Mr. Cavanaugh noted that it had been a collaborative effort.

Mrs. Kischak moved to approve Resolution 2013–38, and was seconded by Mr. Gallego. The board passed Resolution 2013–38, five to zero.

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Resolution No. 2013–39: Amendment of the Line Items of the FY2013 Budget

Mr. Cavanaugh moved to approve Resolution 2013–39, and was seconded by Mr. Levy. The board passed Resolution 2013–39, five to zero.

Resolution No. 2013–40: Adoption of Proposed Budget FY2014

Resolution No. 2013–40 was tabled.

Resolution No. 2013–41: Adoption of 2014 YPA and BVG Budget, with Proposed Amendments

Discussion of Resolution No. 2013–41 was ensued with Mrs. Kischak asking how the Authority could be in compliance with the Authority Budget Office (ABO) regulations without a Chief Financial Officer (CFO). Mr. Cavanaugh responded that another employee could be appointed as CFO or someone from City Hall could fill in. Mr. Regan asked how someone could be appointed if the position of Chief of Finance and Administration had been defunded. Mr. Cavanaugh answered “We have the ability to appoint another employee.” Mr. Regan asked, “Do you have a plan?” Mr. Regan added the position was defunded not eliminated. Mr. Cavanaugh responded that “We want to go back to before 2011 adding that the executive director’s position had been vacant for two years.

Mr. Cavanaugh moved to approve Resolution 2013–41, as amended, and was seconded by Mr. Levy. A roll call was done with the board members voting as follows:

William T. Regan – NoPatricia Kischak – AbstainSteven Levy – YesJames Cavanaugh – YesDennis Gallego – Yes

Mrs. Kischak wanted to go on record that she was abstaining because passage of the resolution placed the board in violation of ABO regulations.

Mr. Cavanaugh stated that the resolution adopts the budget with the amendment.

The board passed Resolution 2013–41, three to two.

Mr. Regan said that there was no budget noted. Mr. Cavanaugh responded, “I will make a resolution to amend.

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Continuation of Discussion arising out of Resolution No. 2014–41: Adoption of 2014 YPA and BVG Budget, with Proposed Amendments

Chairman Regan opined that he did not see why the Authority had to pay fifteen thousand (15,000) dollars as rent when the City of Yonkers had not paid the two thousand ($2,000) per month it owed the Authority. Mr. Cavanaugh responded that there had been conversations between Deputy Mayor Susan Gerry and Mrs. Mrijaj. Mr. Cavanaugh stated that the board had directed Mrs. Mrijaj to negotiate a lease and that she did not do it. Chairman Regan asked Mr. Cavanaugh if the Deputy Mayor was aware of the Master Agreement between the Yonkers Parking Authority and the City of Yonkers. Mr. Cavanaugh responded that he had done his best to explain the fifteen thousand ($15,000) dollar rent payment.

Mr. Regan said this board has not addressed the YPA Ticket Revenue issue. Mrs. Kischak noted that it was important to look at the issue. Mr. Levy said, “We have made significant strides. Mr. Regan said that he had suggested using the Fund balance instead of losing the Finance officer. Mr. Cavanaugh answered that he did not want to use the Authority’s savings and that he wanted to a better job done of maintaining the Authority’s structures and to purchase better parking meters. Chairman Regan noted that the City balanced its budget with use of its Fund balance.

Resolution No. 2013–43: Adoption of 2014 YPA and BVG Budget as amended by Resolution No. 2013–41.

Mr. Cavanaugh moved to approve Resolution 2013–43, and was seconded by Mr. Levy. A roll call was done with the board members voting as follows:

William T. Regan – NoPatricia Kischak – NoSteven Levy – YesJames Cavanaugh – YesDennis Gallego – Yes

The board passed Resolution 2013–43, three to two.

Operations Committee Update

There was no discussion concerning the Operations Committee.

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Updates

Carnival Status

Mr. Levy updated the board that he had been in communication with Mr. Perez and that the City was not inclined to host the Carnival for a span of twelve days but for five days like other events that took place within the City. Mr. Perez countered that his livelihood was being impacted and asked the City to reconsider.

Telephone Audit

Mr. Dalli briefed the board that the outcome of the telephone audit had resulted in eight thousand ($8,000) dollars in gains for the Authority.

YPA Parking Ticket Revenue Distribution / PVB Payments through October 2013 / Discussion of $15 PVB Reimbursement

Mr. Dalli reported that he had requested and still had not received an updated report. Mr. Dalli said that while a report was received every month from the Parking Violations Bureau (PVB) the information contained within was incomplete. Mr. Dalli cited a report in which 944 tickets had been issued but that the report only indicated 550 tickets. Mr. Dalli added that he would like to know what was the outcome of the 400 tickets – had they been dismissed or were they still not paid. Mr. Levy responded that the real issue was thirty (30) day totals as the Authority did not get anything more although he knew that the Authority would like to receive more for the tickets that had been issued. Mr. Dalli said, operationally, we would like to know the outcome of the tickets because maybe we are writing tickets in a wrong way. Mr. Levy said that he would ask for a report from January 2013. Chairman Regan asked if someone could print out a list of all of the tickets that were issued and not paid.

Park–a–Drome: Lease Renewal

The board was briefed that a report form the City Engineer was awaited regarding the Park–a–Drome’s structural issues which the Hospital was supposed to have addressed but has not to date.

Lockwood Lot: DEC Remediation

Mr. McGrath will follow up with the requisite documentation. Mr. McGrath noted that the FPR report was still awaited.

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Union Negotiation

Chairman Regan mentioned that the next meeting with the union was scheduled to take place on December 23, 2013 at 12:00 p.m. at Authority offices.

Dalli Severance Package

Mr. Cavanaugh addressed Mr. McGrath and asked him if he had a resolution concerning Mr. Dalli’s proposed severance package to which Mr. McGrath responded in the affirmative. The proposed resolution gives the Operations Committee sanction to negotiate a severance package with Mr. Dalli, who holds the civil service position of Chief of Finance and Administration. Mrs. Kischak opined that it was inappropriate and not acceptable to her as a board member that she had not seen the proposed resolution.

Mr. Cavanaugh said that there was a letter from the City administration to reduce the deficit. Mr. Cavanaugh added that he had proposed ways to eliminate the deficit and that he had discussed it with other board members. Mr. Cavanaugh said that he had spoken with Mr. Dalli about downsizing. Mr. Cavanaugh stated that Mr. Dalli was not being terminated for cause and that Mr. Dalli had informed him of the industry rate. Mrs. Kischak stated that she never said that it was wrong. Mr. Cavanaugh said “If you think the severance package is wrong we don’t have to go forward with it.”

Resolution No. 2013–44: Authorizing the Negotiation of Terms of Severance

Mr. Regan moved to approve Resolution 2013–44, and was seconded by Mr. Gallego. The board passed Resolution 2013–44, four to one, with Mrs. Kischak abstaining.

Financial Report: November 2013

Highlights of the November 2013 Financial report are included in the minutes.

The Yonkers Parking Authority (YPA) has recorded a total of $316,030 in revenues under the YPA account and $45,357 under the Buena Vista Garage (BVG) account during the month of November 2013.

Operating expenditures for November 2013 totalled $396,141 for the YPA and $95,731 for the Buena Vista Garage (BVG).

YPA revenues realized an increase of eleven (11%) percent from November 2012 to November 2013, while BVG reflected a six (6%) percent increase from the previous year.

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Financial Report: November 2013 cont.

November 2013 expenditures for the YPA increased by twelve (12%) percent from November 2012, while BVG expenditures reflected a decrease of one (1%) percent.

Mr. Dalli pointed out that the budget was still not balanced. Mr. Dalli said that with the elimination of the Chief of Finance and Administration / Chief Financial Officer (CFO) position the Authority was only twenty–eight thousand ($28,000) in surplus while the bond indenture agreement requires sixty thousand ($60,000) dollars to be held.

Praise for Mr. Dalli

Chairman Regan addressed Mr. Dalli saying that Mr. Dalli was a good employee. Mrs. Kischak addressed Mr. Dalli saying that he had done a great job during his tenure at the Authority.

Sick Leave Bank

Mrs. Kischak indicated that a date for a special meeting to discuss the Sick Leave program had to be set before the board adjourned its meeting.

The board discussed several dates for the special board meeting and agreed on Monday, December 23, 2013 at 6:00 p.m. Mr. Levy stated that two issues would be discussed at the special meeting: Mr. Dalli’s severance package and the proposed Sick Leave Bank.

Next Meeting

The date for a special meeting of the Yonkers Parking Authority Board has been scheduled for 6:00 p.m. on Monday, December 23, 2013, at Authority offices.

Conclusion

With no further business to be discussed, Mr. Cavanaugh moved that the regular meeting be adjourned and was seconded by Mrs. Kischak. The meeting was adjourned at 7:00 p.m.

Respectfully submitted,

Susan M. Maros–VictoriaHuman Resources Director/Recording Secretary

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