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Housing Authority of the City of Perth Amboy

881 AMBOY AVENUE, P.O. BOX 390, PERTH AMBOY, NJ 08862 TELEPHONE: (732) 826-3110 FAX: (732) 826-3111

EDNA DOROTHY CARTY-DANIEL, Chairperson PEDRO A. PEREZ, Vice-Chairman FERNANDO A. GONZALEZ MIGUEL A. AROCHO AIDA VASQUEZ SHIRLEY JONES REVEREND H. WAYNE BRADY DOUGLAS G. DZEMA, P.H.M. Executive Director

EDWARD TESTINO Counsel

THE MINUTES OF THE REGULAR MONTHLY MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF PERTH AMBOY November 9, 2010

The Board of Commissioners of the Housing Authority of the City of Perth Amboy met for the Regular Monthly meeting on Tuesday, November 9, 2010 at the William A. Dunlap Homes Complex, main Administrative Building, conference room located at 881 Amboy Avenue, Perth Amboy, New Jersey 08861. The Meeting was called to order by Chairperson Carty-Daniel and statement read as to proper notification of the meeting given in accordance with the Open Public Meeting Act Law as follows: "Adequate Notice has been made as to the time, place, and date of the meeting as to the nature of business to be discussed being the general business of the Authority." Upon roll call, those present and absent were as follows: Present: Chairperson Vice-Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Edna Dorothy Carty-Daniel Pedro A. Perez Miguel A. Arocho Shirley Jones Reverend H. Wayne Brady Fernando A. Gonzalez Aida Vasquez

Excused:

The Chairperson declared said quorum present. On the motion of Vice-Chairman Perez, which motion was seconded by Commissioner Jones, the Board concurred to approve the Minutes of the regular monthly Board meeting of October 12, 2010. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Shirley Jones and Reverend H. Wayne Brady. None

Abstain: Miguel A. Arocho

On the motion of Vice-Chairman Perez, which motion was seconded by Commissioner Brady, the Board concurred to approve the Minutes of the Executive Session of October 12, 2010. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Shirley Jones and Reverend H. Wayne Brady. None

Abstain: Miguel A. Arocho

PUBLIC DISCUSSION OF AGENDA TOPICS <No comment from the public.> <Presentation from Dennis LeVigne of Honeywell regarding an Energy Performance Contract.>

The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2704-10 TO AUTHORIZE MOVING FORWARD WITH PROCURING AN ENERGY PERFORMANCE CONTRACT WHEREAS, the U.S Department of Housing and Urban Development "HUD" and the State of New Jersey have encouraged Public Housing Authorities to review ways to save energy and lower utility costs; and WHEREAS, there are many options available that will allow a PHA to finance projects through the construction of energy savings conservation improvements; and WHEREAS, the Housing Authority of the City of Perth Amboy "HACPA" have reviewed the options available and find that moving forward with procuring an energy performance contract "EPC" may provide energy savings sufficient enough to implement these improvements at the HACPA's developments; and WHEREAS, an independent energy audit is required by Federal and State law before proceeding with an EPC and the energy audit will provide the necessary guidance to determine if the pursuit of an EPC is warranted; and NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City of Perth Amboy the following: 1) Authorization to take the necessary steps to determine if procuring an energy performance contract is in the best interest of the HACPA. 2) Approval to solicit through a request for proposal "RFP" a firm to perform an energy audit in order to determine if the HACPA will solicit for an EPC. Vice-Chairman Perez moved that the foregoing resolution be adopted as presented, which motion was seconded by Chairperson Carty-Daniel. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones, and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted.

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The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2705-10 TO APPROVE THE SOLICITATION FOR THE PURCHASE OF NATURAL GAS WHEREAS, the Housing Authority of the City of Perth Amboy ("HACPA") joined an energy aggregation pool with various Housing Authorities to purchase natural gas for a two-year period that commenced December 1, 2008; and WHEREAS, the contract is due to expire on November 30, 2010 and William Snyder, the Executive Director for the Secaucus Housing Authority (the Lead Agency) has send a letter advising the HACPA not to renew the contract for the purchase of natural gas; and WHEREAS, the HACPA administration feels it is in the best interest of the Authority to solicit cost from other natural gas suppliers to determine if a better price can be obtained; and NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City of Perth Amboy the following: 1) 2) Authorization for the Executive Director to solicit costs for the purchase of natural gas and enter into a contract that is in the best interest of the Authority,. Authorization for the Executive Director to forward a letter to our current natural gas supplier (Woodruff Energy) notifying them if the HACPA choose a different supplier commencing December 1, 2010.

Chairperson Carty-Daniel moved that the foregoing resolution be adopted as presented, which motion was seconded by Commissioner Jones. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones, and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted. The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2706-10 TO AWARD A CONTRACT FOR FOR THE REPLACEMENT OF STORM DOORS AT OTLOWSKI GARDENS. WHEREAS, bids for the replacement of storm/screen doors in George J. Otlowski Senior Gardens project were solicited through public advertisement and on October 28 opened, 2010; and WHEREAS, the Housing Authority received the following eight bids: Bidder: Mixalia Enterpries, LLC, Long Branch, NJ Tomasz Krzak, d.b.a. Big Star Construction, Lawrenceville, NJ TM Painting & Construction, Neptune, NJ EMSA Construction LLC, Parlin, NJ J & M Contracting, Neptune, NJ Pharos Enterprises, LLC, South Amboy, NJ G & M Eastern Contracting, Inc., Neptune, NJ Hamlett Contractors, LLC, Hillside, NJ Bid Price: $26,500.00 $30,000.00 $32,000.00 $32,300.00 $34,594.00 $38,900.00 $39,300.00 $48,600.00

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WHEREAS, the project will include replacement of all the front and rear storm screen doors in Otlowski Gardens, 46 doors in total. WHEREAS, the lowest bid submitted by Mixalia Enterprises, LLC did not include a certificate of a surety company for the insurance of a performance and payment bond. This document is required to to be included in the bid package at the time bid opening by the New Jersey Local Public Contracts Law and by our bid documents. Per the laws, failure to submit this document is considered a fatal defect that shall render the bid proposal unresponsible and that cannot be cured by the governing body. Accordingly, this bid must be deemed unresponsive and cannot be considered for contract award; and WHEREAS, the second lowest bid was submitted by Tomasz Krzak of Lawrenceville, New Jersey, doing business as Big Star Construction. This bid was complete and references for this bidder gave positive reports concerning his past performance, reliability and ability to perform the work; and WHEREAS, award of a contract to the Tomas Krzak, d.b.a. Big Star Construction, in the amount of $30,000 is recommended, NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City of Perth Amboy approves the award of contract bids for the replacement of storm/screen doors in George J. Otlowski Senior Gardens project to Tomas Krzak, d.b.a. Big Star Construction of Lawrenceville, New Jersey for the total contract amount of $30,000, as presented. Chairperson Carty-Daniel moved that the foregoing resolution be adopted as presented which motion was seconded by Commissioner Jones. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones, and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted. The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2707-10 TO APPROVE THE CONTRACT AMENDMENT FOR KITCHEN/ELECTRICAL IMPROVEMENTS IN DUNLAP HOMES. WHEREAS, the following proposed amendment from Pakis Constructions, Inc. to the kitchen/electrical improvements in Dunlap Homes was reviewed by the Board: In connection with the Contract for Construction dated February 10, 2010 for kitchen and electrical improvements in William A. Dunlap Homes, Perth Amboy, New Jersey the following change is ordered in connection with Article5 of the Contract for Construction: ADDITIONS: Replace main water valves in Building N, lump sum: Remove and cap old steam risers; Remove abandoned gas and steam piping, Replace 3 water valves, 456 & 429 Zambory Street, Building N, lump sum: Remove abandoned electrical conduits and equipment, Building N, lump sum: Upgrade electrical receptables to tamper-resistant receptables, lump sum: Upgrade lighting fixtures, lump sum: Total Additions: $2,545.20 $2,261.00 $494.19 $1,793.64 $19,712.84 $26,806.87

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Subject to conditions hereinafter set forth, an equitable adjustment of the contract price and time of completion is established as follows: The original contract price: The contract price will be increase by this amendment of the amount of: The new contract price will be: The time of completion will be unchanged The conditions referred to are as follows: 1. 2. 3. The aforementioned change, and all work affected thereby, are subject to all contract stipulations and covenants; The rights of the Housing Authority are not prejudiced; and All claims against the Housing Authority, which are incidental, or as a consequence of this change are satisfied. $1,108, 037.00 $26,806.87 $1,134,843.87

WHEREAS, the amendment encompasses several changes to the scope of work that were necessitated by unforeseen field conditions encountered in the course of the work or, in the case of the light fixture upgrade, by the necessity of providing American-made products in accordance with the "Buy American" provisions of the American Recovery and Reinvestment Act. The American-made light fixtures specified were discontinued or unavailable, and all available substitute American fixtures were higher in cost; and WHEREAS, the amendment was negotiated with the contractor and reviewed by the Project Architect and is reasonable in cost; and WHEREAS, approval of the amendment is recommended; NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City of Perth Amboy the proposed amendment from Pakis Constructions, Inc. to the kitchen/electrical improvements in Dunlap Homes, as presented. Commissioner Jones moved that the foregoing resolution be adopted as presented which motion was seconded by Chairperson Carty-Daniel. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones, and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted. The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2708-10 TO APPROVE CONTRACT AMENDMENT FOR SITE IMPROVEMENTS IN DUNLAP HOMES WHEREAS, the following proposed amendment to the site improvements in Dunlap Homes has been reviewed by the Board: In connection with the Contract for Construction dated February 10, 2010 for site improvements in William A. Dunlap Homes, Perth Amboy, New Jersey the following change is ordered in connection with Article5 of the Contract for Construction: ADDITIONS: Upgrade fence pickets to 14 gauge and posts to 2-1/2", lump sum: $6,023.10

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Provide and install additional 8" fence sections, 8 @ $508.00 = Replace 2 back entrance concrete landings, 572 sq. ft. @ $5.72 = Remove dead or dying tress, 3 @ $553.00 = Replace concrete sidewalks, 540 sq. ft. @ $14.20 = Sub-total: Overhead, 10% Sub-Total: Profit, 10% Total Additions:

$4,064.00 $3,088.80 $1,659.00 $2,272.00 $17,106.90 $1,170.69 $18,817.59 $1,881.76 $20,699.35

Subject to conditions hereinafter set forth, an equitable adjustment of the contract price and time of completion is established as follows: The original contract price: The contract price will be increase by this amendment of the amount of: The new contract price will be: The time of completion will be unchanged The conditions referred to are as follows: 1. The aforementioned change, and all work affected thereby, are subject to all contract stipulations and covenants; 2. The rights of the Housing Authority are not prejudiced; and 3. All claims against the Housing Authority, which are incidental, or as a consequence of this change are satisfied. WHEREAS, the amendment encompasses several changes to the scope of work that were necessitated by unforeseen field conditions encountered in the course of the work or upgrades to materials or additional installations requested by the Housing Authority; and WHEREAS, the amendment was negotiated with the contractor and reviewed by the Project Architect and is reasonable in cost; and WHEREAS, approval of the amendment is recommended; NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City of Perth Amboy approves the proposed amendment for site improvement in Dunlap Homes, as presented. Chairperson Carty-Daniel moved that the foregoing resolution be adopted as presented which motion was seconded by Commissioner Brady. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None $290,000.00 $20,699.35 $310,699.35

Abstain: Pedro A. Perez The Chairperson thereupon declared said motion was carried and said resolution was adopted. The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2709-10 TO APPROVE PROVIDING MAINTENANCE PERSONNEL TO THE HIGHLANDS HOUSING AUTHORITY.

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WHEREAS, the Housing Authority of the City of Perth Amboy "HACPA" has entered in an Inter-Local Agreement with the Housing Authority of the Borough of Highlands "HHA" to provide various administrative and maintenance services; and WHEREAS, Section 7 of the agreement allows the PHA's to negotiate other services should they be needed by the HHA; and WHEREAS, the HHA's Maintenance Repairer position is vacant and causing a hardship for the HHA; and WHEREAS, the HACPA has staff capable of providing maintenance services normally performed by the Maintenance Repairer; and WHEREAS, both parties have agreed to the compensation and hours to be provided on a temporary basis; NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the City of Perth Amboy the following: 1) 2) Providing on a temporary basis to the HHA maintenance services until such time as a replacement has been hired. HACPA will bill HHA $45 per hour for the maintenance services and will provide a maximum of 16 hours .

Chairperson Carty-Daniel moved that the foregoing resolution be adopted as presented, which motion was seconded by Vice-Chairperson Perez. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones, and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted. The following resolution was introduced by Commissioner Arocho, read in full and considered: RESOLUTION # 2710-10 TO APPROVE THE PARTNER TRANSFER WHEREAS, the Housing Authority has generated program income from the development of "The Parkview" located at 618 New Brunswick Avenue, Perth Amboy; and WHEREAS, the Program Income Certification outlined in the Annual Contributions Contract ("ACC") executed between the Housing Authority and The United States Department of Housing and Urban Development ("HUD") allows for use of these funds for affordable housing purposes; and WHEREAS, PARTNER has requested a grant in the amount of $250,000 to help subsidize the following programs: 1) 2) 3) A scholarship program for low-income individuals to help in meeting the costs of higher education. A program that helps low income families attain the goal of owning a home. A program that helps low income families attain self-sufficiency.

WHEREAS, the Authority has reviewed the request an finds that the program helps further the needs of lowincome individual/families and would meet the definition as outlined in the ACC; and WHEREAS, the Authority desires to make a grant in an amount not to exceed two hundred fifty thousand dollars ($250,000), to PARTNER, to be disbursed over five years, to help subsidize the Programs;

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NOW, THEREFORE BE IT RESOLVED, the Board of Commissioners of the Housing Authority of the City of Perth Amboy approves the transfer of funds to PARTNER, as presented. Commissioner Brady moved that the foregoing resolution be adopted as presented, which motion was seconded by ViceChairperson Perez. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None The Chairperson thereupon declared said motion was carried and said resolution was adopted. Discussion took place, in reference to The Parkview. Discussion took place, in reference to the Delaney Homes Redevelopment Project. On the motion of Vice-Chairman Perez, which motion was seconded by Commissioner Arocho, the Board concurred to approve the November Bill List, as presented. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None

PUBLIC SESSION <No comment from the public. > DIRECTOR'S REPORT The Executive Director informed the Board of the following: Certificate of participation for Census 2010 received from the City of Perth Amboy. Senior Housing Designation Thanksgiving Senior Luncheon scheduled for Friday, November 19th, noon @ the Hansen building.

On the motion of Commissioner Arocho, which motion was seconded by Commissioner Jones, the Board concurred to change the time of the scheduled December Board of Commissioner's meeting from 6 p.m. to 5 p.m. on Tuesday, December 14, 2010. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None

Abstain: Pedro A. Perez

On the motion of Commissioner Brady, which motion was seconded by Commissioner Jones, the Board concurred to move from the general session of this meeting to Executive Session. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho Shirley Jones and Reverend H. Wayne Brady. None

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On the motion of Vice-Chairperson Perez, which motion was seconded by Commissioner Jones, the Board concurred to move from Executive Session back to the general session of this meeting. Upon roll call, the following vote was carried:

Aye: Nay:

Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None

On the motion of Vice-Chairman Perez, which motion was seconded by Commissioner Jones, the meeting was adjourned.

Respectfully submitted by:

Douglas G. Dzema, PHM Executive Director and Secretary

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Housing Authority of the City of Perth Amboy

881 AMBOY AVENUE, P.O. BOX 390, PERTH AMBOY, NJ 08862 TELEPHONE: (732) 826-3110 FAX: (732) 826-3111

EDNA DOROTHY CARTY-DANIEL, Chairperson PEDRO A. PEREZ, Vice-Chairman FERNANDO A. GONZALEZ MIGUEL A. AROCHO AIDA VASQUEZ SHIRLEY JONES REVEREND H. WAYNE BRADY DOUGLAS G. DZEMA, P.H.M. Executive Director

EDWARD TESTINO Counsel

THE MINUTES OF THE EXECUTIVE SESSION OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF PERTH AMBOY

November 9, 2010

The Board of Commissioners of the Housing Authority of the City of Perth Amboy met for the Regular Monthly meeting on Tuesday, November 9, 2010 at the William A. Dunlap Homes Complex, main Administrative Building, conference room located at 881 Amboy Avenue, Perth Amboy, New Jersey 08861. The Meeting was called to order by Chairperson Carty-Daniel and statement read as to proper notification of the meeting given in accordance with the Open Public Meeting Act Law as follows: "Adequate Notice has been made as to the time, place, and date of the meeting as to the nature of business to be discussed being the general business of the Authority." Upon roll call, those present and absent were as follows: Present: Chairperson Vice-Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Edna Dorothy Carty-Daniel Pedro A. Perez Miguel A. Arocho Shirley Jones Reverend H. Wayne Brady Fernando A. Gonzalez Aida Vasquez

Excused:

The Chairperson declared said quorum present. On the motion of Commissioner Brady, which motion was seconded by Commissioner Jones, the Board concurred to move from the general session of this meeting to Executive Session. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho Shirley Jones and Reverend H. Wayne Brady. None

Edward Testino, Counsel informed the Board of the status of the lien holder's litigation regarding the Dunlap Homes Roof Replacement project and is considering entering into a non-binding arbitration process regarding the Terrasan matter.

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On the motion of Vice-Chairperson Perez, which motion was seconded by Commissioner Jones, the Board concurred to move from Executive Session back to the general session of this meeting. Upon roll call, the following vote was carried: Aye: Nay: Edna Dorothy Carty-Daniel, Pedro A. Perez, Miguel A. Arocho, Shirley Jones and Reverend H. Wayne Brady. None Respectfully submitted by:

Douglas G. Dzema, PHM Executive Director and Secretary

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