Elevator Repair - Lewis Gould post and Michael Liebowitz reply

 

Lewis Gould post Jan. 14, 2021

Waterfront. The entire village must be made aware of the actual facts pertaining to the waterfront status . In order to commence elevator and stairway repairs it is necessary that BHVA and the contractors and subs retained by BHVA have the right to traverse Fields property to reach the work site .Mr Lebowitz and Fields initiated discussions concerning elevator and stairway repairs more than 2 months ago. As a result of their discussions The Fields directed their attorney to prepare an agreement that would granBHVA its contractors and subcontractors the right to traverse Fields property for a period of 60 days (subject to extension for an additional 60days if needed) to initiate and complete the work.T he agreement indemnified Fields in the event he were named a party in any legal action which might be commenced against BHVA arising out of the repairs which might occur for fault not attributable to Fields or their ownership of the land over which BHVA was licensed to traverse for the repairs described. A written agreement was prepared and submitted to the Board more than a month ago. Approximately i week ago the Board responded stating that the agreement was too restrictive. At no time was a request or suggestion for modification transmitted to Fields!! Absent an agreement BHV may not only lose a marina but BHV may have no access to the waterfront and swim area!! If this occurs it is the fault o the BHVA Board solely!

 

Michael Liebowitz reply Jan. 15, 2021

Some points of clarification to Lewis Gould's comments. I did engage Jeremy Fields in discussions about a settlement proposal to the lawsuit and access to the elevator and staircase for repairs. In terms of the lawsuit the BOD refused to counter his proposal. In terms of the access agreement I was able to obtain a proposed agreement. I did review it and suggested a few changes and points of clarification that would make the agreement more functional so that the repairs could actually be completed. At this time Jeremy has not modified his proposed access agreement to address the items that I asked him to address with my modifications.That being said the BOD has not made any suggestions to the access agreement which would make it acceptable to them. I must say that Jeremy Fields has been open to discuss clarifications and changes. The BOD remains silent in any constructive way. The residents of BHV should realize that there will NOT be any access to the beach, lake, or boat slips without our BOD communicating with the Fields within the next few weeks. We have gone from one BOD that wanted to give away assets to another BOD that refuses to communicate in any meaningful way or respond to resident concerns or opinions. It is VERY unlikely that the lawsuit will go to trial, nor will issues be resolved by the spring to allow access to our waterfront this summer, without our BOD getting off their pedestal and communicating with the Fields in a meaningful way.It takes both parties talking to each to get the issues resolved. Regards, Michael Lebowitz 8 Spyglass Hill 585-721-4391