On January 04, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Board Of Managers Of Van Wyck Glen Condominium,
The Board Of Managers Of Van Wyck Meadows Condominium, A Condominium Created Pursuant To Article 9-B Of The Real Property Law, On Behalf Of Its Unit Owners,
and
Anthony Costa,
Dick Hack,
Van Wyck At Merritt Park Homeowners Association, Inc.,
for Commercial - Contract
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020
EXHlBlT lI
{0O432467;1}
FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020
ÖÈFENDANTS
2016 June Monthly Homeowner Association Board of Directors Meetmg:
The meeting was held at McGrath Management in Hopewell Junction/East Fishkill,
NY on June 2016 from 4:30 - 6:30 pm.
22,
Attendees: President Dick Hack, Vice-President Eric Colasacco,
Treasurer Anthony Costa, Secretary Joseph Caplan, Member Lydia Parziale.
McGrath Management Services, Inc.:Hussein Khoder, Ryan M cGrath
AGENDA:
1) Garage Sales: A committee will be formed to develop a community wide tag
sale. Included will be: Town of Fishkill permit, rules, promotional notification
and other concerns. There are no issues with either the local Police or Fire.
No vote required at present.
2) Pool Attendant Responsibilities: Hussien Khodar of McGrath made
available a list of pool attendant duties via email. Also included in the agenda
packet was a three-page publication titled "Lifeguard/Attendant Duties -
Rules."
Community Consensus was that pool attendants were not to wear
"lifeguard"
clothing marked as unless that was truly the case. Other
situations also subject to discussion included the Dutchess County Board of
Health inspection results, chlorine readings and such. No vote required at
present.
3) Clubhouse Cleaning: Three quotes were included in the agenda packet:
Extreme Cleaners, Inc.,McGuire's Cleaning Services, and Cleaning Maids of
the Hudson Valley. Board Member Joseph Caplan made a motion to request
quotes from commercial cleaning firms. That was approved. No vote required
at present.
4) Wireless Internet for Pool Area: A commercial router to extend wireless
service to the pool area was estimated to cost $500. Itwould provide
extended capability to those who would access the internet while at the pool.
The entire Board vetoed this.
5) Tree Removah While S & G removed 19 dead trees within Van Wyck Glen
another 16 are subject to removal. Tree replacement is subject to available
funds. Replacement is done during cool autumn weather only. No vote
required at present. Note there is not a cost to the community to remove
dead trees at present. The cost involves purchase of replacement trees and
their planting.
6) Pool Repairs: Coping stone repairs approved. CAT probes approved.
Replacement pool pump (spare) purchase approved. Cleaning system
(robotic or manual) approved.
7] HOA Attorney: Board Member Anthony Costa insisted on hiring: Stenger,
Roberts, Davis & Diamond to represent the HOA in legal concerns. There was
no interview of the firm, no scope of their responsibilities, schedule of fees
voting·
other than hourly rate or anything else to report. The Costa, Hack,
Colasacco: YES. Caplan: NO. Parziale: Abstain.
FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020
8} Electronic Voting: Electronic or online voting must be available and legal in
New York State. Those who wish a paper ballot, announcement of and
voting
other issue require official notification by mail, as always. No vote required at
present.
9) Well Update: The well drilling in the Exclave requires a connection to the
Central Hudson transformer, a trench to extend conduit and piping and other
concerns. This is complicated and under direction of those responsible:
utility (Central Hudson -Fortis) and other professional companies (Beal).
NOTE: Who is responsible to assume the costs of weH driUing is under
review. The two sides of view differ as the Offering Plan states such an
"improvement"
is the responsibility of the condominium(s] itbenefits
(Meadows Condo IIand Glen). The other side purports the entire community
is financially responsible.
10) Leroy's Positiom Board Member Dick Hack insisted Leroy Coleman
assume independent contractor status as concerns his employment in the
community. An independent contractor is solely responsible to provide their
liability insurance and other work related issues such as quarterly tax
returns and other mandatory costs. The community will be responsible for
payment of unemployment insurance premiums ifapplicable. There was an
exchange of information as concerns workmans compensation, Paychex
salary costs and other related fees. Husssien Khoder will investigate.
No vote was taken to terminate Leroy Coleman at present.
Voting Summary:
Approval was given to conduct a community tag sale, remove 16 dead trees,
implement repairs to the pool (coping stone, spare pump, cat probe system and
robotic cleaning system.
No approval was given to provide wireless service at the pool area at present or
implement online voting at present.
Under review is earthquake insurance in the Gen. Insurance issues are sole
responsibility of the Board of Managers and neither Mr. Campanaro nor Mr. Ledalla
was invited to participate.
Under contention was a forced vote to hire an attorney to represent the Board of
Directors. Costa, Hack and Colasacco voted YES. Caplan voted NO. Parziale
abstained. Interested homeowners are advised to research the firm of Stenger,
Roberts, Davis and Diamond in Wappingers Falls, NY.
Reported by: Joseph Caplan as Secretary of the Van Wyck at Merritt Park Board of
Directors
Document Filed Date
June 05, 2020
Case Filing Date
January 04, 2017
Category
Commercial - Contract
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FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020 EXHlBlT lI {0O432467;1} FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020 ÖÈFENDANTS 2016 June Monthly Homeowner Association Board of Directors Meetmg: The meeting was held at McGrath Management in Hopewell Junction/East Fishkill, NY on June 2016 from 4:30 - 6:30 pm. 22, Attendees: President Dick Hack, Vice-President Eric Colasacco, Treasurer Anthony Costa, Secretary Joseph Caplan, Member Lydia Parziale. McGrath Management Services, Inc.:Hussein Khoder, Ryan M cGrath AGENDA: 1) Garage Sales: A committee will be formed to develop a community wide tag sale. Included will be: Town of Fishkill permit, rules, promotional notification and other concerns. There are no issues with either the local Police or Fire. No vote required at present. 2) Pool Attendant Responsibilities: Hussien Khodar of McGrath made available a list of pool attendant duties via email. Also included in the agenda packet was a three-page publication titled "Lifeguard/Attendant Duties - Rules." Community Consensus was that pool attendants were not to wear "lifeguard" clothing marked as unless that was truly the case. Other situations also subject to discussion included the Dutchess County Board of Health inspection results, chlorine readings and such. No vote required at present. 3) Clubhouse Cleaning: Three quotes were included in the agenda packet: Extreme Cleaners, Inc.,McGuire's Cleaning Services, and Cleaning Maids of the Hudson Valley. Board Member Joseph Caplan made a motion to request quotes from commercial cleaning firms. That was approved. No vote required at present. 4) Wireless Internet for Pool Area: A commercial router to extend wireless service to the pool area was estimated to cost $500. Itwould provide extended capability to those who would access the internet while at the pool. The entire Board vetoed this. 5) Tree Removah While S & G removed 19 dead trees within Van Wyck Glen another 16 are subject to removal. Tree replacement is subject to available funds. Replacement is done during cool autumn weather only. No vote required at present. Note there is not a cost to the community to remove dead trees at present. The cost involves purchase of replacement trees and their planting. 6) Pool Repairs: Coping stone repairs approved. CAT probes approved. Replacement pool pump (spare) purchase approved. Cleaning system (robotic or manual) approved. 7] HOA Attorney: Board Member Anthony Costa insisted on hiring: Stenger, Roberts, Davis & Diamond to represent the HOA in legal concerns. There was no interview of the firm, no scope of their responsibilities, schedule of fees voting· other than hourly rate or anything else to report. The Costa, Hack, Colasacco: YES. Caplan: NO. Parziale: Abstain. FILED: DUTCHESS COUNTY CLERK 06/05/2020 11:10 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 274 RECEIVED NYSCEF: 06/05/2020 8} Electronic Voting: Electronic or online voting must be available and legal in New York State. Those who wish a paper ballot, announcement of and voting other issue require official notification by mail, as always. No vote required at present. 9) Well Update: The well drilling in the Exclave requires a connection to the Central Hudson transformer, a trench to extend conduit and piping and other concerns. This is complicated and under direction of those responsible: utility (Central Hudson -Fortis) and other professional companies (Beal). NOTE: Who is responsible to assume the costs of weH driUing is under review. The two sides of view differ as the Offering Plan states such an "improvement" is the responsibility of the condominium(s] itbenefits (Meadows Condo IIand Glen). The other side purports the entire community is financially responsible. 10) Leroy's Positiom Board Member Dick Hack insisted Leroy Coleman assume independent contractor status as concerns his employment in the community. An independent contractor is solely responsible to provide their liability insurance and other work related issues such as quarterly tax returns and other mandatory costs. The community will be responsible for payment of unemployment insurance premiums ifapplicable. There was an exchange of information as concerns workmans compensation, Paychex salary costs and other related fees. Husssien Khoder will investigate. No vote was taken to terminate Leroy Coleman at present. Voting Summary: Approval was given to conduct a community tag sale, remove 16 dead trees, implement repairs to the pool (coping stone, spare pump, cat probe system and robotic cleaning system. No approval was given to provide wireless service at the pool area at present or implement online voting at present. Under review is earthquake insurance in the Gen. Insurance issues are sole responsibility of the Board of Managers and neither Mr. Campanaro nor Mr. Ledalla was invited to participate. Under contention was a forced vote to hire an attorney to represent the Board of Directors. Costa, Hack and Colasacco voted YES. Caplan voted NO. Parziale abstained. Interested homeowners are advised to research the firm of Stenger, Roberts, Davis and Diamond in Wappingers Falls, NY. Reported by: Joseph Caplan as Secretary of the Van Wyck at Merritt Park Board of Directors