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Yonkers Parking Authority s3

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



Call to Order

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

Page 1 of 32 Yonkers Parking Authority Special Board Meeting Minutes January 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

Page 2 of 32 Yonkers Parking Authority Special Board Meeting Minutes January 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 Capital Improvement 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.

Page 3 of 32 Yonkers Parking Authority Special Board Meeting Minutes January 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 Capital Improvement 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.

Page 4 of 32 Yonkers Parking Authority Special Board Meeting Minutes January 03, 2013

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 Victoria Human Resources Director/ Recording Secretary

Page 5 of 32 Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Regular Board Meeting Minutes January 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman 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

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

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



Call to Order

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

Page 6 of 32 Yonkers Parking Authority Regular Board Meeting Minutes January 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

Page 7 of 32 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. Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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.

Page 8 of 32 Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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.

Page 9 of 32 Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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

Page 10 of 32 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.

Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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.

Page 11 of 32 Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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.

Page 12 of 32 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

Yonkers Parking Authority Regular Board Meeting Minutes January 29, 2013

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,

Page 13 of 32 Susan M. Maros Victoria Human Resources Director/ Recording Secretary Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Special Board Meeting Minutes February 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman 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

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)

Page 14 of 32 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 Special Board Meeting Minutes February 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 Victoria Human Resources Director/ Recording Secretary

Page 15 of 32 Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Regular Board Meeting Minutes February 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman Mr. James Cavanaugh, Member Mr. Michael Ramondelli, Member

YPA Staff: Mrs. Lisa Mrijaj, Executive Director Mr. 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, NY Mr. Kenneth McGovern, YPA employee Mr. Arthur G. Melendez, YPA employee Mr. Blake A. Perez, YPA employee



Call to Order

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

Page 16 of 32 Yonkers Parking Authority Regular Board Meeting Minutes February 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).

Page 17 of 32 Yonkers Parking Authority Regular Board Meeting Minutes February 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

Page 18 of 32 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 Regular Board Meeting Minutes February 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 Victoria Human Resources Director/ Recording Secretary

Page 19 of 32 Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Regular Board Meeting Minutes March 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman Mr. James Cavanaugh, Member Mr. Michael Ramondelli, Member

YPA Staff: Mrs. Lisa Mrijaj, Executive Director Mr. Jay McLynn, Assistant to the Executive Director Mr. Joseph Dalli, Deputy Executive Director/CFO Ms 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, NY Ms Patricia Russell, Labor Relations Specialist, Civil Service Employee’s Association (CSEA) Mr. Richard Borek, YPA employee Mr. John Buttinelli, YPA employee Mr. John Couto, YPA employee Mr. Sean Fallon, YPA employee Ms Lorraine T. Galura, YPA employee Mr. Paul Klausmann, YPA employee Mr. Kenneth McGovern, YPA employee Mr. Arthur G. Melendez, YPA employee Mr. Rodolfo Mendez, YPA employee Mr. Saleem I. Naber, YPA employee Mr. John Nalbandian, YPA employee

Page 20 of 32 Mr. Naim Nezaj, YPA employee Mr. Blake A. Perez, YPA employee Mr. Rajinder Taneja, YPA employee

Yonkers Parking Authority Regular 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.

Page 21 of 32 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 Center Garage was a major example of items being put off when it appeared that the GCG might be knocked down.

Yonkers Parking Authority Regular 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

Page 22 of 32 caused an inconvenience. Chairman Regan noted that the City has to honor the rate established by the Authority board.

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 Authority Regular 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

Page 23 of 32 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 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 Authority Regular 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.

Page 24 of 32 City of Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Governance Committee Meeting Minutes April 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, Secretary Mr. James Cavanaugh, Member (Governance Committee member) Mr. Steven J. Levy, (New) 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

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.

Page 25 of 32 Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Regular Board Meeting Minutes April 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman Mr. Louis Nigrello, Secretary Mr. James Cavanaugh, Member Mr. Steven J. Levy, (New) Member

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

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



Call to Order

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

New Board Member

Page 26 of 32 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 Regular Board Meeting Minutes April 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

Page 27 of 32 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 Regular Board Meeting Minutes April 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

Page 28 of 32 by a dollar.

Yonkers Parking Authority Regular Board Meeting Minutes April 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.

Page 29 of 32  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 Regular Board Meeting Minutes April 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 Victoria Human Resources Director/ Recording Secretary

Page 30 of 32 City of Yonkers Parking Authority 8 Buena Vista Avenue Yonkers, New York 10701

Audit Committee Meeting Minutes May 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, Chairman Mrs. Patricia Kischak, Vice Chairwoman Mr. Louis Nigrello, Secretary Mr. James Cavanaugh, Member Mr. Steven J. Levy, Member

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

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

Page 31 of 32 Susan M. Maros Victoria Human Resources Director/ Board Recording Secretary

Page 32 of 32

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