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Home My WebLink About1990-08-29 EHA MINUTESI. II. III. IV. ENGLEWOOD HOUSING AUTHORITY Board of Commissioners Regular Meeting August 29, 1990 CALL TO ORDER The Regular Meeting of the Englewood Housing Authority Board of Commissioners was called to order at 6:10 p.m. on Wednesday, August 29, 1990, at 3460 South Sherman Street, Englewood, Colorado, by Chairman Thomas J. Burns. Members Present: Members Absent: Also Present: STUDY SESSION Thomas J. Burns, Chairman R. J. Berlin, Vice Chairman Norleen Norden, Commissioner Bradley Zieg, Commissioner Roger Koltay, Commissioner Paul Malinowski, Executive Director Mary A. Ryan, Recording Secretary (NOTE: There was no Study Session at this meeting) MINUTES Regular Meeting Held July 25, 1990 IT WAS MOVED BY COMMISSIONER ZIEG TO APPROVE AS PRESENTED THE MINUTES OF THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSION- ERS HELD JOLY 25, 1990. VICE CHAIRMAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Zieg None Norden Koltay The Chairman declared the motion carried. nm1/ehabocminutes/ehamin082990 EHA/BOC Regular Meeting 08/29/90 v. VI. PRE-SCHEDULED VISITORS There were no pre-scheduled visitors at the Regular Meet- ing of the Englewood Housing Authority Board of Commission- ers held August 29, 1990. DIRECTOR'~ REPORT A. Narrative Report (Attached to and made a part of these minutes as Exhibit A). Brief discussion ensued regarding the replacement plan for repainting and recarpeting in Simon Center and Orchard Place. Commissioner Zieg asked the E/D if there was a re- serve fund for the office building at this time. The E/D stated that at this time the office building does not cash flow sufficiently to provide a reserve fund which would fund repairs, repainting, and recarpeting as necessary. B. Audit Letter Briefly discussed was item No. 3 in the letter from Denton, Netherton & Co., P.C. dated August 23, 1990. This item concerned the Section 8 Certificate Pro- gram's checking account being used as a general check- ing account by the other projects of the Housing Authority until the completion of the 1988 audit late in 1989. The Section 8 Program was consequently funding other program's expenses, and was due money from the other programs. At the exit conference date, these funds had not been repaid. The E/D stated that a transfer of funds has since been made repaying all such money "borrowed" from the Certifi- cate program. -2- EHA BOC Regular Meeting 08/29/90 VII. c. Program Reports The E/0 pointed out the two new versions of the Rehab Status Report. The E/0 asked which form of the two versions the Board would like to see in their packet monthly. The Board chose the report which detailed the different types of loans. DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS A. Ratify Telephone Poll of August 8, 1990, Regarding Purchase of 2801 South Sherman Street At the EHA Board Meeting held July 25, the Commission- ers voted to offer $40,000 to the owner of 2801 South Sherman Street who had recently foreclosed on the property. This amount would enable the EHA to put about $15,000 worth of rehab into the unit and recov- er expenses as well as the original $9,000 rehab loan. The E/D made the offer to the owner who accept- ed. The Board members were then called to approve execut- ing a contract for the purchase of this property with the owner. Since the owner has obtained a Certifi- cate of Purchase from the Public Trustee's office, this Certificate will be endorsed over to us. The original telephone poll requesting approval of the execution of the contract for the purchase of this property was contingent upon approval of pur- chase, sale, and rehab expenses by the Director of Community Development from the City's repaid rehab fund (Fund 72). This approval was obtained from the Director. The results of the telephone poll of the EHA Board of Commissioners were all ayes, no nays, no abstentions, and no absences. IT WAS MOVED BY COMMISSIONER NORDEN TO RATIFY THE TELEPHONE POLL OF AUGUST 8, 1990, TO APPROVE EXECUTING A CONTRACT FOR THE PURCHASE OF 2801 SOOTH SHERMAN STREET FROM THE PRESENT OWNER IN THE AMOUNT OF $40,000 PLUS UNPAID TAXES OF APPROXIMATELY $600. COMMISSIONER ZIEG SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. -3- EHA BOC Regular Meeting 08/29/90 The E/D informed the commissioners that since two units had been purchased through foreclosure proceedings with money from Fund 72, and since there were rehab loans on these two properties, the EHA board would need to pass motions writing off these rehab loans. The two properties are located at 3846 South Cherokee Street and 2801 South Sherman Street. M Q ~ .I Q Ii IT WAS MOVED BY COMMISSIONER ZIEG TO WRITE OFF THE DEFERRED REHAB LOAN ON 2801 SOUTH SHERMAN STREET IN THE AMOUNT OF $9,101.00. VICE CHAIRMAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. IT WAS MOVED BY COMMISSIONER NORDEN TO WRITE OFF THE LOAN BALANCE OF $6,958.19 ON REHAB LOAN NO. 92. VICE CHAIRMAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. B. Restructuring of Rehab Loan No. 32. This loan has been discussed frequently over the past few months. As a brief background, the recipient of loan No. 32 passed away last year with title passing on to her daughter. There were two loans on the property from the Rehab Program, one with a monthly amortized loan payment of $16.43 and the other a $5,000 deferred payment loan. -4- EHA BOC Regular Meeting 08/29/90 Janet Grimmett, the Rehab Finance Specialist, attempted to obtain income and debt information from the daughter after the daughter claimed she could not afford the $83.33 monthly repayment schedule of the deferred loan that actually had come due. Janet got no cooperation from the daughter in trying to obtain -financial information that could reduce the payment amount. The Board elected to commence foreclosure proceedings with a suggestion by Commissioner Koltay that the EHA contact the council member in the daughter's district for assistance. The EHA did contact Mayor Susan Van Dyke who repre- sents that district and Mayor Van Dyke was very help- ful in arranging an evening meeting with the daugh- ter, Janet, and herself. At this meeting, Janet ascertained that there were some additional debts that would reduce the payment slightly. In trying to find a common ground, Janet and the daughter felt that a total monthly payment of $75 would be accept- able. This breaks out as $16.43 for the original · monthly amortized loan and $58.57 monthly to amortize the original deferred loan. This would amortize the deferred loan over 86 months rather than the original- ly proposed 60 months. The E/D stated he believed this to be an equitable solution for all parties while still enabling the EHA to recover the loan without foreclosing on the home- owner. The Board had expressed some concern that this action might set a precedent for restructuring rehab loan payments, but the E/D stated that it did not necessarily set a precedent since this was some- what unique in that the daughter was unaware of the deferred payment loan and might not have applied for a rehab loan on her own accord. HQ~~QH IT WAS MOVED BY COMMISSIONER ZIEG TO RESTRUCTURE REHAB LOAN NO. 32 SO THAT THE LOAN REPAYMENTS ON THE $5,000 ORIGINAL DEFERRED LOAN BECOME MONTHLY PAYMENTS OP $58.57, REFLECTING AN 86-MONTH TERM AT ZERO PERCENT INTEREST. COMMISSIONER NORDEN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. -5- EHA BOC Regular Meeting 08/29/90 c. Resolutions Adopting Policies for EHA: a. Procurement Policy -Resolution No. 8 of 1990 The E/D asked if the Board wanted to take the policies to be approved a few at a time at each Board Meeting, all at one time, or set up a committee to review the recommended policies and make recommendations to the Board. Commissioner Zieg stated he felt comfortable with the recom- mendation of the E/D on the Procurement Policy. The E/D stated that the Procurement Policy as presented was dictated about 90% by regulations of the 0MB and HUD. He pointed out the discre- tionary portions of the policy presented. A couple of minor wording changes were made to make the policy consistent throughout. IT WAS MOVED BY COMMISSIONER ZIEG TO ADOPT RESOLUTION NO. 8, SERIES OF 1990, WHICH REPEALS RESOLUTION NO. 14, SERIES OF 1982, AS AMENDED, AND ADOPT A PROCUREMENT POLICY FOR EQUIPMENT, SUPPLIES, MATERIALS, LABOR, AND PROFESSIONAL SERVICES AS PRESENTED. COMMISSIONER NORDEN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman Declared the motion carried. b. Travel Policy -Resolution No. 9 of 1990 Commissioner Norden suggested that wording in the proposed Travel Policy be changed to reflect that reimbursable business expenses also cover appropriate tips for standard travel services such as bellhops. -6- EHA BOC Regular Meeting 08/29/90 Commissioner Norden questioned the necessity of per diem allowance wording which stated"· .. if a meal or meals are charged to the hotel bill or to the EHA's credit card, then the full cost of that meal{s) should be remitted to the EHA while keeping the per diem allotment." in that it seemed superfluous since the EHA's form for travel reimbursement actually nets out this item. The E/0 explained that the travel reim- bursement form can actually show a balance due depending on how much of a draw the employee took or show this expense netted out. Commis- sioner Norden suggested that the wording"· .. should be remitted to" be changed to "should be remitted to or netted from the allotment ... ". Commissioner Zieg suggested that the EHA must define what the Denver Metropolitan Area {OMA) is to make workable the different mileage allow- ances for travel within and without the OMA. The E/D asked the Commissioners to allow him to see how the City of Englewood defines the "Den- ver Metropolitan Area", and how the City handles instances where travel by car takes the employee partially within the OMA and partially without the OMA. The E/D stated he wanted to stay con- sistent with the City of Englewood's Travel Policy. Under "Additional Travel", the E/D asked the Commissioners to review whether or not Commis- sioners or staff may be allowed to take addition- al time above and beyond the conference (besides travel to and from) for personal travel. The E/0 pointed out that paragraph B of Common Carri- er Fare of the proposed policy states that "only the most direct and cost-efficient route should be taken. All fare authorization shall be forfeited for either attending or returning from a conference if the commissioner or employee does not proceed directly to or from destination." The Commissioners stated they felt that it was punitive to include this in the Travel Policy and suggested in lieu thereof that the employee or commissioner be reimbursed for only the most cost efficient fare to go to and from the conference rather than forfeit the entire amount for either going to or returning from the conference. -7- EHA BOC Regular Meeting 08/29/90 Commissioner Norden suggested that the Travel Policy also address the fact that sometimes if excursion fares are used (the traveler stays overnight on a Saturday), the expense of travel fare plus an additional night's lodging may be less than if the traveler did not stay over a Saturday night. Commissioner Zieg asked if the Commissioners are to make their own travel arrangements or if the Authority does this for them. The E/D stated that it is time-consuming for Authority Staff to be the intermediary between the Commissioners and the travel/lodging providers and thus commis- sioners and staff should make their own travel arrangements. Next, the E/D asked how the Board felt about the section of the proposed policy regarding Addi- tional Travel that allowed only one additional day of personal travel to still be eligible for common carrier fare or mileage reimbursement. He felt there should be some time limitation or this could be abused whereby an individual would use a conference as a "starting point" for a vacation. He added that it was very important to avoid the perception on the part of the gener- al public of abuse of travel/conference expense reimbursement by taking personal vacations in the same general vicinity as the conference immediately preceding or following the confer- ence. The Chairman pointed out that conferences common- ly advertise "side trips" planned for the partic- ipants immediately before or after the confer- ence in their brochures. He stated this is used as a "selling point" to get people to attend the conferences. The Commissioners agreed that additional travel, at the participant's personal expense, should not be prohibited or punished by forfeiture of travel reimbursement. They agreed that if abuse of the travel reimbursement policy is detected, then it will be addressed. Thus, they did not want any time limitation for additional travel. -a- EHA BOC Regular Meeting 08/29/90 Commissioner Norden suggested that the Travel Policy contain wording that specifically states that per diem ends when the conference ends. The E/D pointed out that "Lodging, meals and other expenses" in the Travel Policy specifical- ly addresses this issue. Commissioner Norden asked what is considered a "day" in the per diem allowance; i.e. if the per diem allowance is $30.00 per day, and the travel- er departs for the conference at 4:30 p.m., he/she does not receive $30.00 for "the day", but only the amount allowed for dinner. This item was tabled to the EHA's Board Meeting for September in order to revise the proposed policy for clarification on the above points. c. Open Meetings Policy -Resolution No. 10 of 1990* The E/D stated that this policy was important in that it would define for what purposes an Execu- tive Session would be convened. Commissioner Zieg stated he felt that the last sentence in the third paragraph, "No further notice will be given for regularly scheduled meetings." should be deleted since it is redun- dant. The sentence immediately preceding it states "These regularly scheduled meetings are published by the City of Englewood in its list of meetings and appear regularly in the Englewood Sentinel." Wording changes in the fifth paragraph: from " •• or any other staff person the Executive Director may deem appropriate ••• "to" ••• or any other person the EHA Board of Commission- ers or the Executive Director may deem appropri- ate .•• " and from "It is allowed by majority consent of the Board ••• " to "The Board of Commissioners may convene an Executive Session by consent ..• ". -9- EHA BOC Regular Meeting 08/29/90 Wording changes in the last paragraph: from "When convening an Executive Session, it should be revealed to the public the basis and reasons for the decision." to "When convening an Execu- tive Session, it should be revealed to the pub- lic the basis and reasons for convening the Executive Session." and from "Minutes of the Executive Session shall be kept separately and distributed only to the Board of Commissioners." to "Minutes of the Executive Session shall be kept separately and approved by the Board of Commissioners and distributed only to the Board of Commissioners unless expressly decided by the Board of Commissioners not to distribute the minutes of the Executive Session." *The Policy on Open Meetings, Meeting Notices, and Execu- tive Sessions for the Englewood Housing Authority was adopted by Resolu- tion No. 9, Series of 1990, (rather than Resolution No. 10, Series of 1990) since the preceding policy on travel which was to have been adopted by Resolution No. 10, Series of 1990 was tabled until the September EHA Board meeting. IT WAS MOVED BY COMMISSIONER ZIEG TO ADOPT RESOLUTION NO. 9, SERIES OF 1990, ADOPTING A POLICY ON OPEN MEETINGS, MEETING NOTICES, AND EXECUTIVE SESSIONS FOR THE ENGLEWOOD HOUSING AUTHORITY, AS PRESENTED. VICE CHAIRMAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None JColtay The Chairman declared the motion carried. d. News Releases Policy The E/D stated that the policy that had been in existence on news releases and news interviews stated that only the Chairman of the EHA Board shall write news releases or grant any inter- views. -10- EHA BOC Regular Meeting 08/29/90 VII:I. IX. x. Changes to wording in the third paragraph: from "The Executive Director will serve as the sole spokesperson ... " to "The EHA Board of Commis- sioners directs the Executive Director to serve as the sole spokesperson ... "; and "Englewood Housing Authority staff are to direct all ini- tial inquiries from the media ... " to "Members of the EHA Board of Commissioners and Englewood Housing Authority staff are to direct all ini- tial inquiries from the media ... ". A new sentence is to be added to the third paragraph which states, "The spokesperson for the Engle- wood Housing Authority Board of Commissioners is the Chairman of the Board of Commissioners; and the spokesperson for the daily operations of the Englewood Housing Authority is the Executive Director." It was the consensus of the Board that adoption of the resolution approving the EHA's policy on news releases and news interviews be tabled until the September Board meeting. FINANCIAL REPORT Briefly discussed was the recovery of the additional audit costs incurred this fiscal year. The E/D stated that he has already revised this fiscal year's budgets for Certifi- cates and Vouchers, and he stated he will be submitting a budget revision to HUD for the Low Rent Public Housing Program. Also briefly discussed was the donation by the EHA to the City of Englewood of payment of the bill for concrete/curb work done at the EHA's property located on West Warren Avenue. There were no other comments or dis- cussion on the Financial Reports as presented. CONSENT AGENDA There was nothing presented under this portion of the agenda for discussion. GENERAL DISCUSSION A. Commissioners' Choice Commissioner Norden reported that she had met with the City of Englewood City Council to be interviewed for reappointment to the EHA Board of Commissioners. She reported that the City Council is now interview- ing all applicants for positions on the City's Boards. -11- EHA BOC Regular Meeting 08/29/90 Commissioner Norden stated she did get the sense that the City Council is very supportive of the EHA and what it is trying to do within the City of Englewood, and she felt this was a real step forward from where the EHA was a few years ago. She further stated that both she and City Council agreed that the semiannual meetings between the City Council and the EHA Board and Executive Director were very beneficial to both groups. Commissioner Norden reported that she was reappointed to the EHA Board of Commissioners. IT WAS MOVED BY COMMISSIONER NORDEN TO CONVENE EXECUTIVE SESSION TO DIS- CUSS A SENSITIVE PERSONNEL ISSUE. COMMISSIONER ZIEG SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. Executive Session ended, and the Chairman declared the Regular Meeting of the Englewood Housing Authority Board of Commissioners held August 29, 1990, reconvened. IT WAS MOVED BY COMMISSIONER ZIEG TO AWARD THE ENGLEWOOD HOUSING AUTHORITY EXECU1l'IVE DIRECTOR, PAUL MALINOWSKI, A FIVE-PERCENT (OF GROSS WAGES PAID) RETROACTIVE, LUMP-SUM MERIT INCREASE PAYMENT FOR THE PERIOD FROM AUGUST 1, 1989 TO JULY 31, 1990. VICE CHAIR.MAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried. -12- EHA BOC Regular Meeting 08/29/90 IT WAS MOVED BY COMMISSIONER ZIEG TO AWARD THE ENGLEWOOD HOUSING AUTHORITY EXECUTIVE DIRECTOR, PAUL MALINOWSKI, A SEVEN-PERCENT INCREASE COMPOUNDED IN ADDITION TO THE ABOVE EFFECTIVE AUGUST 1, 1990, TO INCLUDE ANY RETROAC- TIVE PAY PERIODS DORING THIS TIME PERIOD. VICE CHAIRMAN BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Xoltay The Chairman declared the motion carried. Chairman Burns read a letter from the honorable Susan Van Dyke, Mayor of the City of Englewood, which ex- pressed the appreciation of the City Council for the service provided by the commissioners of the EHA's board. Also presented to the commissioners present were City of Englewood lapel pins sent by the City council. The Chairman directed the Executive Director to write a letter for his signature which expressed the appre- ciation of the EHA board for the reappointment of Commissioner Norden and for the lapel pins. B. Director's Choice The Executive Director informed the Commissioners that his wife had recently gone back to work teach- ing. Due to her new hours, she was unable to get their daughter ready for school and on the bus. He requested that the Board approve a different schedule for him, i.e., he would arrive at work at 8:30 a.m. and leave at 5:30 p.m. thus enabling him to stay at home with his daughter and ensure her getting safely on the bus. The Board expressed their consent of flex time for the Executive Director stating that set hours were less important to them than working whatev- er hours were necessary to get the work done and to use his discretion on that. -13- EHA BOC Regular Meeting 08/29/90 XI. ADJOURNMENT IT WAS MOVED BY VICE CHAIRMAN BERLIN THAT THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BELO AUGUST 29, 1990 BE ADJOURNED. COMMISSIONER ZIEG SECONDED THE MOTION. Ayes: Nays: Abstained: Absent: Burns, Berlin, Norden, Zieg None None Koltay The Chairman declared the motion carried and the meeting adjourned at 9:05 p.m. c;:::. Mary A. Ryan, ~ecording Secretary -14-