Loading...
HomeMy WebLinkAbout2023_02_06 Housing Authority MinutesMINUTES Housing Authority Meeting Monday, February 6, 2023 Conference Room C, Ground Floor of Town Center 7:00 PM PRESENT: OTHERS PRESENT: Dolores Battalia, Board Member Meg Deshpande, Board Member Christie Philbrick-Wheaton, Board Member Robin Nichinsky, Councilwoman Margaret C. Delohery, Secretary to the Housing Authority Johnathan Di Bari, Dibbini & Assoc. Stephen V. Altieri, Housing Authority Consultant Michael Padernacht, Midas Management 7:00 PM The Housing Authority Regular Meeting 1. Call to order Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Chair Battalia called to order the Regular Meeting of the Housing Authority at 7:12pm. Carried 2. The Board will consider immediately adjourning to Executive Session to discuss potential litigation. Moved by Board Member Deshpande, seconded by Board Member Philbrick- Wheaton The Mamaroneck Housing Authority agreed to enter Executive Session to discuss possible litigation. Carried Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande The Housing Authority agreed to exit Executive Session. Carried 3. Report of Minutes from the January 9, 2023 Housing Authority Meeting Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Ms. Philbrick-Wheaton motioned to approved the minutes from the January 9, 2023 meeting. Ms. Deshpande seconded. Carried 4. Report of Midas Property Management Mr. Padernacht reviewed the monthly report of January 2023 with the Housing Authority. He then discussed the new lay out of the report and budget. Mr. Padernacht Page 1 of 7 Housing Authority February 6, 2023 talked about the arrears, the Section 8 payments, and the over payments of vouchers for the Section 8 tenants. He said he sent out the first lease renewals to tenants and reviewed the letter sent to tenants about the security deposit amounts. Mr. Padernacht talked about the January 2023 Tenant Meeting; he said that six tenants appeared and were pleased with the progress of Midas and the new Super. He said he was going to send out the agenda and his talking points from the meeting to the tenants who did not attend, so they are aware of what was discussed at the meeting. Mr. Padernacht said Ms. Lela Yasin and he spoke about available apartments for Section 8. Chair Battalia and Mr. Padernacht discussed ordering appliances and if they are energy efficient. Chair Battalia suggested using the past appliance supplier, who is a family owned local business. Chair Battalia, Mr. Altieri, and Mr. Padernacht talked about available units and which units require updates and repairs. They also discussed the foam installation that is in each unit. Mr. Philbrick-Wheaton and Mr. Padernacht talked about the units that need updating and how long it takes to repair and update each unit. 5. Report of Bids Received for Window/Deck Replacement Project Mr. Altieri reviewed the bids received for the Window/Deck Replacement Project. He said that the next step is to review all bids. He then reviewed the criteria for a bid to be rejected or sent back to a bidder. Ms. Deshpande and Mr. Altieri discussed the contractors, their use of NYSERDA, and how contractors become NYSERDA approved. Ms. Deshpande and Mr. Altieri then discussed the relationship between NYSERDA and CONED. Mr. Padernacht and Mr. Altieri talked about the bids and how the bidders bid. 6. Resolution - Establish Capital Project 2023-1 Window/Deck Replacement Mr. Altieri discussed why having a separate fund would benefit the Housing Authority. Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Resolved, that the Board of the Town of Mamaroneck Housing Authority does hereby establish Capital Project 2023-1 for Replacement of Windows and Wood Decks at the Hommocks Park Apartments and be it, Further Resolved that for this purpose the maximum expenditure shall be $2, 800, 000.00. Carried 7. Authorization to Open - Capital Project Bank Account - Project 2023-1 Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande Resolved, that Midas Property Management is authorized to open a separate capital project bank account entitled Capital Project 2023-1 at any banking institution listed in the Housing Authority's Investment Policy. Carried 8. Authorization - Revenue Bond Resolution - Window/Deck Replacement Project Page 2of7 Housing Authority February 6, 2023 Mr. Altieri reviewed the bond process between Housing Authority and the Town of Mamaroneck. Ms. Philbrick-Wheaton and Mr. Padernacht discussed the process of payment for the decking and windows. Chair Battalia spoke about the capital accounts and the different banks they are held at. At a meeting of the Town of Mamaroneck Housing Authority, Westchester County, New York, held at the Authority's office, Mamaroneck Town Center, 740 West Boston Post Road, Mamaroneck, New York, at 7:12 P.M., on the 6th day of February 2023, the following members of the Authority were: PRESENT: Meg Deshpande Christie Philbrick-Wheaton Dolores Battalia ABSENT: Joseph Mileto After the meeting had been duly called to order, the Chair announced that among the purposes of the meeting was to consider and take action on certain matters pertaining to the issuance, sale and use of proceeds of the Authority's proposed Hommocks Park Apartments Revenue Bonds, 2023. The following resolution was duly moved, seconded, discussed and adopted with the following members voting in open session: AYE NAY Dolores Battalia Meg Deshpande Christie Philbrick-Wheaton Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND USE OF PROCEEDS OF THE AUTHORITY'S HOMMOCKS PARK APARTMENTS REVENUE BONDS, 2023 AND CERTAIN OTHER MATTERS RELATING THERETO AND THE APPROVAL AND EXECUTION OF RELATED DOCUMENTS WHEREAS, the Town of Mamaroneck Housing Authority, Westchester County, New York, is a municipal housing authority of the State of New York (the "Authority"); and WHEREAS, Article 3 of the New York Public Housing Law (the "Act') authorizes municipal housing authorities to provide for the construction, financing and refinancing of housing and related facilities; and WHEREAS, the Authority previously issued bonds to finance and refinance the cost of the construction by the Authority of a 54-unit garden -style housing facility located in the Town of Mamaroneck (the "Town"), on land leased by the Authority from the Town, which are affordable for rental by persons and families of low and/or moderate income (the "Hommocks Park Apartments"); and WHEREAS, the Authority intends to issue bonds in an amount not to exceed $[2, 800, 000] to finance the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments; and Page 3of7 Housing Authority February 6, 2023 WHEREAS, the Authority desires to issue its Hommocks Park Apartments Revenue Bonds, 2023 in one or more series pursuant to the Act (the "2023 Bonds") for the purposes of financing (i) the cost of replacement by the Authority of the windows and entry deckways and any other related capital improvements of the Hommocks Park Apartments, (ii) capitalized interest on the 2023 Bonds and (iii) certain costs of issuance of the 2023 Bonds (collectively, the "2023 Project"); and WHEREAS, it is now desired to authorize (i) the issuance of the 2023 Bonds, (ii) the use of the proceeds of the 2023 Bonds for the 2023 Project and (iii) the appointment of [Manufacturers and Traders Trust Company] as fiscal agent in connection with the 2023 Bonds, and to approve and authorize the execution of related documents; NOW, THEREFORE, BE IT RESOLVED by the Members of the Town of Mamaroneck Housing Authority, Westchester County, New York as follows: Section 1. The Authority hereby finds and determines: (a)By virtue of the Act, the Authority has been vested with all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all powers granted to it under the Act. (b)It is desirable and in the public interest for the Authority to finance the 2023 Project, to issue and sell the 2023 Bonds in one or more series, pursuant to a certain Resolution dated the date hereof (the "Resolution), with [Manufacturers and Traders Trust Company] acting as fiscal agent therefor (the "Fiscal Agent), to sell the 2023 Bonds by negotiated sale pursuant to a certain Contract of Purchase (the "Contract of Purchase") by and between the Authority and the Underwriter named therein (the "Underwriter'), and/or to sell and award the 2023 Bonds by public, competitive sale in accordance with a certain Notice of Sale (the "Notice of Sale") to the successful bidder (the "Purchaser'). Section 2.In consequence of the foregoing, the Authority hereby determines to: (i) finance the cost of the 2023 Project; (ii) issue and sell the 2023 Bonds pursuant to the Resolution and the Contract of Purchase to the Underwriter; (iii) sell and award the 2023 Bonds by public, competitive sale in accordance with the Notice of Sale the Purchaser; (iv) use the proceeds of the 2023 Bonds as previously described and as provided in the Resolution, and, specifically, for the primary purposes of financing the costs of the 2023 Project; (v) enter into each agreement hereafter identified in this resolution; (vi) execute an Arbitrage Certificate in connection with the issuance of the 2023 Bonds and file a form 8038-G with the Internal Revenue Service; (vii) execute and deliver the Official Statement and authorize and ratify the distribution, publication and use thereof by the Underwriter in the offer and sale of the 2023 Bonds; (viii) execute a Continuing Disclosure Undertaking; (ix) do all other things necessary in connection with the issuance, execution, delivery and sale of the 2023 Bonds and the execution and delivery of the Financing Documents (as hereinafter defined); and (x) execute such other documents and take such other action as may be necessary to effectuate the purposes of this resolution. Section 3.The form and substance of the 2023 Bonds (in substantially the form presented to this meeting, a copy of which is attached hereto as Exhibit A) are hereby approved. Section 4.The form and substance of the Resolution, (in substantially the form presented to this meeting, a copy of which is attached hereto as Exhibit B) are hereby approved, and the adoption of this resolution shall constitute adoption of the Resolution. Section 5. The form and substance of Rider Number [Three] to the Fiscal Agent Agreement (in substantially the form as presented to this meeting, a copy of which is Page 4 of 7 Housing Authority February 6, 2023 attached hereto as Exhibit C), by and between the Authority and [Manufacturers and Traders Trust Company], [Buffalo, New York] ("Rider Number [Three] to Fiscal Agent Agreement), are hereby approved. Section 6. The form and substance of the Contract of Purchase (in substantially the form presented to this meeting, a copy of which is attached hereto as Exhibit D) and the form and substance of the Notice of Sale (in substantially the form presented to this meeting, a copy of which is attached as an exhibit to the Preliminary Official Statement a copy of which is attached hereto as Exhibit E) are hereby ratified and approved. Section 7. The form and substance of a Preliminary Official Statement of the Authority relating to the 2023 Bonds (in substantially the form as presented to this meeting, a copy of which is attached hereto as Exhibit E) and a Final Official Statement of the Authority relating to the 2023 Bonds (together, the "Official Statement") are ratified, confirmed and approved and the execution and delivery of the Final Official Statement and the distribution and use of the Official Statement by the Underwriter in the offer and sale of the 2023 Bonds are hereby authorized and approved. Section 8. The Authority is hereby authorized (i) to issue, execute, sell and deliver the 2023 Bonds on a negotiated basis to the Underwriter pursuant to the Contract of Purchase and/or (ii) to issue, execute, sell and award the 2023 Bonds at a public, competitive sale in accordance with the Notice of Sale to the Purchaser, in each case in the aggregate principal amount, maturing in such years at such amounts, in serial or term form, at the rate of interest and upon such other terms as set forth in the Resolution, which terms are specifically incorporated herein by reference with the same force and effect as if fully set forth herein; provided that: (a)The 2023 Bonds hereby authorized to be issued, executed and delivered shall be issued, executed and delivered at such time as the Chair or the Treasurer of the Authority shall determine; provided, further, that the 2023 Bonds shall not be issued, executed and delivered prior to the date on which the Town has authorized the Guarantee (as defined in the Resolution). (b)The 2023 Bonds shall be issued solely for the purposes previously described. (c)The 2023 Bonds and the interest thereon are not and shall never be a debt of the State of New York or any political subdivision thereof other than the Authority, except, with respect to the Town, pursuant to the Guarantee (as defined in the Resolution), and neither the State of New York nor any political subdivision thereof other than the Authority, and the Town pursuant to the Guarantee, shall be liable thereon. (d)Neither the members, officers, employees or agents of the Authority, nor any person executing either the 2023 Bonds, the Resolution, the Contract of Purchase or the Notice of Sale, as the case may be, or the Official Statement shall be liable thereon or be subject to any personal liability by reason of the issuance, sale, execution, delivery, distribution or use thereof. (e)Notwithstanding any other provision of this resolution, the Authority covenants that it will make no use of the proceeds of the 2023 Bonds or of any other funds which, if such use had been reasonable expected on the date of issue of the 2023 Bonds, would have caused the 2023 Bonds to be "arbitrage bonds" within the meaning of Section 148(t) of the Internal Revenue Code. Section 9.(a)The Chair or the Treasurer of the Authority are hereby authorized, on behalf of the Authority, to execute, where applicable, and deliver the Resolution, the Contract of Purchase or the Notice of Sale, as the case may be, the 2023 Bonds, the Fiscal Agent Agreement and the Official Statement, all as described above, each of which may contain such changes or amendments as shall be thought appropriate by the Chair or the Treasurer in order to fulfill the obligations of the Authority under the Page 5of7 Housing Authority February 6, 2023 Contract of Purchase or the Notice of Sale, as the case may be, (collectively, the "Financing Documents'), and the Secretary of the Authority is hereby authorized to affix the seal of the Authority, where applicable, thereto and to attest the same, all in substantially the forms thereof presented to this meeting, with such changes, variations, omissions and insertions as the Chair or the Treasurer shall approve. The execution thereof by the Chair or the Treasurer shall constitute conclusive evidence of such approval. (b)The Chair or the Treasurer of the Authority are further hereby authorized, on behalf of the Authority, to designate any additional Authorized Representatives of the Authority (as used or defined in and pursuant to the Resolution) to execute, on behalf of the Authority, any Financing Documents. Section 10. The members, officers, employees and agents of the Authority are hereby authorized and directed for and in the name and on behalf of the Authority to do all acts and things required or provided for by the provisions of the Financing Documents, and to execute and deliver all such additional certificates, instruments and documents, pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the member, officer, employee or agent acting, desirable and proper to effect the purposes of this resolution and to cause compliance by the Authority with all of the terms, covenants and provisions of the Financing Documents. Section 11.Each of the documents identified in each Section of this resolution is hereby incorporated in this resolution as if set forth at length herein. Section 12. This resolution shall take effect immediately and the 2023 Bonds are hereby ordered to be issued in accordance with this resolution. STATE OF NEW YORK) ss.. COUNTY OF WESTCHESTER ) I, the undersigned Chair of the Town of Mamaroneck Housing Authority, Westchester County, New York, DO HEREBY CERTIFY: That these are the true and complete minutes of the meeting of the Town of Mamaroneck Housing Authority, Westchester County, New York, including the resolution contained therein, held on February 6, 2023, with the original thereof on file in my office. I FURTHER CERTIFY that all members of said Authority had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the New York Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that on January 25, 2023, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given on January 25, 2023 via email to the following newspapers and/or other news media as follows: Newspaper and/or other news media Patch.com/New York/Larchmont I FURTHER CERTIFY that on January 25, 2023, PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted on the bulletin board customarily used for the posting of official public notices at Mamaroneck Town Center, 740 West Boston Post Road, Mamaroneck, NY, and Page 6of7 Housing Authority February 6, 2023 that a copy of the form of Notice sent to Housing Authority members and the media outlets and posted at Town Center, as described above, is annexed hereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Authority on February 7, 2023. Dolores Battalia Chair Carried 9. Authorization - Renewal of Contract Capital Market Advisors Mr. Altieri reviewed who the Capital Market Advisors are and the services they provide for the Housing Authority. Mr. Padernacht and Mr. Altieri discussed who is listed as the Housing Authority's advisors. Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande The Mamaroneck Housing Authority hereby does authorize the renewal of contract of Capital Market Advisors. Carried 10. Other Business Chair Battalia discussed the start time of the meetings with the Housing Authority. Councilwoman Nichinsky and Mr. Altieri talked about the bid prices and how they are lower than expected. Mr. Altieri commented that schools start to put out projects within the next few months, which would drive up the price. Ms. Philbrick-Wheaton also said that the price of lumber has come down. Mr. Altieri then reviewed the bid review process with Councilwoman Nichinsky. Chair Battalia and Mr. Altieri discussed the bidders and what disqualifies bidders. Ms. Deshpande, Mr. Altieri, and Mr. Padernacht discussed contractors for the flooring project. Mr. Di Bari and Mr. Padernacht discussed when lease renewals will be sent out. Mr. Di Bari said he was going to review the lease renewals before they are sent out to ensure new Housing Authority rules are listed. Chair Battalia and Mr. Di Bari discussed the Tier 1 requirements and the condition of a rider requiring a tenant to be moved to the correct Tier if they no longer qualify for Tier 1. Mr. Di Bari discussed possible solutions. 11. Adjournment Moved by Board Member Philbrick-Wheaton, seconded by Board Member Deshpande The Mamaroneck Housing Authority adjourned the meeting at 8:18pm. Next Regularly Scheduled Meeting - March 6, 2023 Carried Page 7of7