HomeMy WebLinkAbout1990-12-06 EHA MINUTESI.
II.
III.
ENGLEWOOD HOUSING AUTHORITY
Board of commissioners
Regular Meeting
December 6, 1990
CALL TO ORDER
The Regular Meeting of the Englewood Housing Authority
Board of Commissioners was called to order at 6:00 p.m. by
Vice Chairman R. J. Berlin
Members Present:
Members Absent:
Also Present:
STUDY SESSION
R. J. Berlin, Vice Chairman
Roger Koltay, Commissioner
Norleen Norden, Commissioner
Bradley Zieg, Commissioner
Thomas J. Burns, Chairman
Paul Malinowski, Executive Director
Geula Sherman, Leased Housing Manager
Holly Lewis, Housing Technician
Mary A. Ryan, Recording Secretary
The Executive Director, Paul Malinowski, stated that Geula
Sherman and Holly Lewis were present at this meeting to
inform the Board pf Commissioners why the EHA would be
operating outside of its jurisdictional boundaries within a
short period of time. Ms. Sherman is the Leased Housing
Manager and, as such, in charge of the Section 8 Existing
Certificate and Section a Existing Housing Voucher
programs. Ms. Sherman gave an informative overview of the
reasons why portability was introduced into the Section 8
Existing program, i.e., (1) employment opportunities; (2)
medical need; (3) immediate family outside of the
jurisdiction of the PHA who can give support to or who
need(s) support from the Section 8 Existing participant. A
map of the Metropolitan Statistical Area (MSA) was given to
the Board members present. It was pointed out by Ms.
Sherman that within a year it was probable that the EHA
could be operating outside of its jurisdiction in Boulder,
Greeley or Colorado Springs. one year after that, since
Voucher and Certificate holders are eligible to transfer
once a year, the EHA could be operating in areas which were
contiguous with those cities, e.g. Cheyenne, Wyoming.
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EHA BOC Regular Meeting
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Ms. Sherman and Ms. Lewis were asked various questions by
the Board Members, e.g., if Englewood would become a
"magnet" for certificate holders and how much time staff
would be spending on this issue and if the administrative
fee earned by that program would cover the expenses
incurred. Ms. Lewis discussed the implications of
certificate portability with the Board. She stated that
Englewood is seen as a desirable area to relocate in
because of its low crime rate, lower rents, and good
schools. The issue of staff time was discussed
extensively. Staff time consumed by the paperwork involved
with administration of the program and less personal
contact with program participants were seen as inevitable.
Other inherent problems would be additional costs for
postage, car maintenance, gasoline, and long distance phone
charges.
Commissioner Norden stated that another management issue
which could come into play was the liability of
administering a portable certificate in a community which
has not agreed with the issuing PHA that it can be there.
The Board requested a report of incoming and outgoing
portable certificates in future reports.
The Executive Director stated the EHA has contacted its
attorney on this issue. Metropolitan area housing
attorneys have met to discuss this issue, and EHA's legal
counsel, Jim Wagenlander, stated that he felt the EHA would
have to comply since federal law supersedes state law in
this instance. The Executive Director stated that some
communities are refusing to go along with the portability
of certificates.
Discussion ensued regarding Housing Quality Standards
inspections and violations. Ms. Sherman and Ms. Lewis were
thanked for their presentatio.n.
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EHA BOC Regular Meeting
12/06/90
IV. MINUTES
IT WAS MOVED BY COMMISSIONER KOLTAY TO APPROVE THE MINUTES OF THE REGULAR
MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD
OCTOBER 31, 1990, AS PRESENTED. COMMISSIONER NORDEN SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
v.
VI.
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
PRE-SCHEDULED VISITORS
There were no pre-scheduled visitors at the Regular Meeting
of the Englewood Housing Authority Board of Commissioners
held December 6, 1990.
DIRECTOR'~ REPORT
A. Narrative Report
The Executive Director stated that the first audit of
FY '89 received had been sent back to Denton,
Netherton & Co., P.C., for a complete reissue because
HUD had concurred with the concerns expressed at the
October 31, 1990 board meeting. The revised FY '89
audit had been received on this date and was reviewed
by the Executive Director and consulting accountant
Steve Stranger. The Executive Director stated he had
a list of 26 concerns with the revised audit. He
stated that there was no exit interview given with the
revised audit and no draft for the Executive Director
and accountant to review prior to final printing. The
Board members would not accept copies of the revised
audit.
IT WAS MOVED BY COMMISSIONER ZIEG TO DIRECT THE EXECUTIVE DIRECTOR TO DO
WHATEVER IS NECESSARY TO GET A CORRECT AUDIT OF THB BNGLBWOOD HOUSING
AUTHORITY'S BOOKS OF ACCOUNT FOR THE FISCAL YEAR ENDING DECEMBER 31,
1989. COMMISSIONER NORDEN SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
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EHA BOC Regular Meeting
December 6, 1990
VII.
Commissioner Norden stated that at the last Rehab Loan
Committee meeting, there were two requests for bank
loans from middle income persons who came in for
loans. These applicants resulted from the targeting
of Census Tract 57. Commissioner Koltay stated it was
encouraging to have more people using the rehab money.
Discussion ensued regarding collection of past due
rehab loan amounts.
DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS:
A. Renewal of Management Contract with EHDC
The Executive Director explained that approximately
two years ago, the EHA had entered into a management
contract with the Englewood Housing Development
Corporation to manage their properties. He stated
that the EHDC now owns 14 properties with 19 units
including all WAND rentals. A flat fee per unit is
received by the EHA for this service. The Executive
Director recommended renewing the annual contract for
1991 under the same terms and conditions as the 1990
arrangement. The EHDC board had already authorized
the contract extension on their part pending EHA board
approval.
M Q ~ .! Q Ii
IT WAS MOVED BY COMMISSIONER NORDEN TO APPROVE EXECUTING A ONE-YEAR
EXTENSION OF THE MANAGEMENT CONTRACT WITH THE ENGLEWOOD HOUSING
DEVELOPMENT CORPORATION FOR 1991 UNDER THE SAME TERMS AND CONDITIONS AS
THE MANAGEMENT CONTRACT FOR 1990. COMMISSIONER KOLTAY SECONDED THB
MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
B. Write-Off of Bad Debts
The Executive Director reminded the board that each
year the EHA writes off tenant accounts receivable
from its financial books that are unlikely to be
collected. He stated that in this way, the debt will
no longer be shown as a tenant account receivable but
will be transferred to the expense part of the ledger
as a "bad debt" expense.
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EHA BOC Regular Meeting
12/06/90
M Q ~ .I Q H
IT WAS MOVED BY COMMISSIONER NORDEN TO ADOPT RESOLUTION NO. 20, SERIES OP
1990 1 AUTHORIZING THE WRITE-OFF OP BAD DEBTS FROM THE LOW RENT PUBLIC
HOUSING PROGRAM. COMMISSIONER ZIEG SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
IT WAS MOVED BY COMMISSIONER KOLTAY TO ADOPT RESOLUTION NO. 21, SERIES OP
1990, AUTHORIZING THE WRITE-OFF OP BAD DEBTS FROM THE SECTION 8 NEW
CONSTRUCTION PROGRAM (SIMON CENTER). COMMISSIONER ZIEG SECONDED THE
MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
c. Write-Off of Simon Center Trustee Bond Fund
The Executive Director explained that since 1977,
Simon Center's financial books have shown an asset
line item called the Trustee Bond Fund. In 1989 and
1990, the EHA's auditors insisted that the EHA
research this item. None of the banks the EHA deals
with show any separate account in this name or in any
similar name. One theory the auditor had is that this
may be unclaimed interest due the bondholders of Simon
Center bonds. A check with the EHA's trustee,
however, revealed only a small amount of money that is
unclaimed, and the trustee felt the EHA really didn't
have right to a claim on it yet. The amount currently
is valued at $7,166.36.
The Executive Director stated that the current auditor
recommended the EHA write this line item off of Simon
Center's books, but he stated this does not mean the
EHA cannot, at a later time, lay claim to the fund.
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EHA BOC Regular Meeting
12/06/90
MQ~~Q~
IT WAS MOVED BY COMMISSIONER ZIEG TO ADOPT RESOLUTION NO. 22, SERIES OP
1990, AUTHORIZING THE WRITE-OFF OF THE LINE ITEM KNOWN AS THE SIMON
CENTER TRUSTEE BOND FUND FROM SIMON CENTER'S GENERAL LEDGER IN THE AMOUNT
OF $7,166.36. COMMISSIONER NORDEN SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
D. Write-Off Public Housing Rent
The Board was reminded that earlier in 1990, they had
authorized charging each program the EHA administers
office rent to be ·paid to the Office Building fund.
All programs have paid their portion which is
allocated as an indirect expense under the revenue
method of expense allocation. The only exception was
the Public Housing Program. This expense has been
accrued but no payments have been made by that
program. This was agreed to by the Board with the
understanding that we would assess at the end of the
year whether or not Public Housing had adequate funds
to pay the accrued expense.
The Executive Director stated that because a
substantial deficit is projected in the revised 1990
operating budget for Pubic Housing, he recommended
that the Board forgive the entire payment due from
this program for 1990. He stated this would save that
program $4,296 and reduce the projected deficit by
that amount. He stated that the unfortunate flip-side
to this would be that the Office Building Fund would
not see this revenue but at this time can absorb the
loss better than Public Housing can absorb the
payment.
IT WAS MOVED BY COMMISSIONER ZIEG TO ADOPT RESOLUTION NO. 23, SERIES OP
1990, AUTHORIZING THE WRITE-OFF OP ACCRUED OFFICE RENT PAYABLE TO THE
OFFICE BUILDING FUND IN THE PUBLIC HOUSING PROGRAM IN THE AMOUNT OF $4,296
AS WELL AS THE WRITE OFF OF THE CORRESPONDING AMOUNT RECEIVABLE IN THE
OFFICE BUILDING FUND. COMMISSIONER KOLTAY SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
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EHA BOC Regular Meeting
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E. Write-Off of WAND Departments on General Ledger
The Executive Director reminded the Board that at the
beginning of 1989, the EHA implemented a new
computerized accounting system at the agency. As part
of that system, "departments" to departmentalize our
accounting of funds were set up for all programs. The
EHA no longer owns any rental properties in the WAND
project since these were all sold to the EHDC in April
of 1990. The WAND sales units project is also
complete. The EHA would like to close these two
departments out as of December 31, 1990, from its
books of account so that they are not carried over
into 1991 as inactive departments. All of WAND's
remaining assets, liabilities, and equities would be
transferred to Simon Center through debit and credit
entries that would net all figures in these
departments. Steve Stranger, the EHA's consulting
accountant concurs with this action.
IT WAS MOVED BY COMMISSIONER ZIEG TO ADOPT RESOLUTION NO. 24, SERIES OP
1990, AUTHORIZING THE CLOSEOUT OF THE WAND DEPARTMENTS (RENTALS -
DEPARTMENT 600; AND SALES -DEPARTMENT 650) FROM THE ENGLEWOOD HOUSING
AUTHORITY'S BOOKS OF ACCOUNTS. COMMISSIONER NORDEN SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
F. Action on Rehab Loan No. 192 Foreclosure
This loan is 180 days delinquent and thus requires
Board review. The Executive Director stated that this
loan is a somewhat unique situation in that one-half
of the loan originated from CHFA's Co-Help Loan
Program. CHFA's representative has indicated that
they feel sufficient equity appears to be in the
property to justify proceeding with foreclosure. The
Executive Director stated that CHFA is not taking into
account any additional rehab costs that might be
incurred. The City Attorney had sent the current
homeowner a demand for payment letter as directed by
the Board at the October 31, 1990 meeting. No
response was received by the deadline of November 29.
The homeowner stated they would cure the first
mortgage by October 29 and the EHA's loan by November
15, but neither action has taken place.
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EHA BOC Regular Meeting
12/06/90
Cost figures were presented to the Board for review.
The Executive Director stated that the figures
include any potential rehab costs. He further
that the interior condition is unknown.
rehab costs would increase the sale price, but
dollar for dollar.
do not
stated
Any
not
Several options were discussed. Option No. 1 would be
to convince CHFA that the property is not worth
foreclosing on and to forgive their portion of the
loan. Option No. 2 would be to draw from the Rehab
Deficiency .Reserves to pay CHFA's portion of the loan
off and not pursue redemption. The EHA would also
write off its portion of the deferred payment loan.
Option No. 3 would be to redeem the property and
attempt to recover as much as possible. If
foreclosure is minimal, the EHA might recoup a portion
of its original loan.
It was the recommendation of the Rehab Financial
Specialist that the EHA attempt to convince CHFA to
forgive their portion of the loan and then not redeem
the property. It was felt that any funds spent
towards the rehab of this property to make it
marketable would not be recovered from the sale, nor
would the EHA recover any monies spent towards curing
the First Mortgage. It was further recommended that
if Option No. 1 was the Board's choice and not
successful, then Option No. 2 be used.
Discussion ensued among the Board members present.
Commissioner Koltay asked if the EHA could assume the
First Mortgage and then turn the unit into a rental.
It was pointed out that the rehab costs could possibly
be in excess of 50% of the recoverable costs.
Commissioner Koltay stated he would like the EHA to
write to Savings of America (the First Mortgage
holder) to see if the EHA can assume the mortgage and
then use the unit as a rental.
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EHA BOC Regular Meeting
12/06/90
IT WAS MOVED BY COMMISSIONER KOLTAY TO WRITE TO SAVINGS OP AMERICA, TBB
FIRST MORTGAGE BOLDER OF THE RECIPIENT OF REHAB LOAN 192, TO SEB IP THEY
WOULD ALLOW THE ENGLEWOOD HOUSING AUTHORITY TO ASSUHB TBB MORTGAGE. IT
WAS FURTHER MOVED TO REQUEST THAT CBFA WRITE OPP THEIR PORTION OP TBB
REHAB LOAN UNDER THE COBELP LOAN PROGRAM. IT WAS PURTBER MOVED THAT LEGAL
COUNSEL REVIEW THIS PROSPECTIVE COURSE OP ACTION. COMMISSIONER ZIEG
SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
VIII.
IX.
x.
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
FINANCIAL REPORT
Because of the presentation of detailed financial
information at the November 28, 1990, Budget/Finance
Meeting, no financial information was presented at this
meeting.
CONSENT AGENDA
A. Letter from HUD Secretary Jack Kemp to the Chairman of
the Englewood Housing Authority Board of Commissioners
was noted and briefly discussed.
B. Letter from Executive Director Malinowski to the
Englewood Planning Commission in response to the
Housing element of the Proposed Comprehensive Plan for
the 1990's was discussed.
GENERAL DISCUSSION
A. Commissioners' Choice
Commissioner Koltay wanted to know if permits and
inspections for the EHDC's WAND project have been
handled well and if the relationship with the City of
Englewood Building Department was a good one.
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EHA BOC Regular Meeting
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Commissioner Zieg brought up for discussion the
investment of the EHA's reserve funds. Lengthy
discussion ensued regarding developing new investment
policies and procedures for the EHA. Information was
given to the Board from Colotrust {Colorado Local
Government Liquid Asset Trust).
Commissioner Zieg stated that American Money
Management helps governmental and quasi-governmental
agencies develop policies and procedures for handling
their money in order to reach certain financial
goals. The only billable hours billed by American
Money Management would be upfront costs to develop the
initial cash management package. These costs would
not be in excess of $500. George Nielsen of American
Money Management recommended Colotrust as an
investment vehicle for the EHA. Lengthy discussion
ensued.
Commissioner Koltay stated that he felt a portion of
the EHA's funds should be kept in local banks for
reinvestment, and he felt we should get some requests
for proposals from more organizations who specialize
in the investment of public funds.
IT WAS MOVED BY COMMISSIONER ZIEG TO ENGAGE AMERICAN HOBBY MAlfAGBMBNT INC.
TO CREATE AH INVESTMENT POLICY FOR THE ENGLEWOOD HOUSING AUTHORITY WHICH
WOULD REMAIN IN THE CONTROL OF THE EXECUTIVE DIRECTOR FOR THE FISCAL YEAR
ENDING DECEMBER 31 1 1991. COMMISSIONER KOLTAY SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
Berlin, Koltay, Norden, Zieg
None
None
Burns
The Vice Chairman declared the motion carried.
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EHA BOC Regular Meeting
12/06/90
XI.
B. Director's Choice
The Executive Director stated that City Council had
approved the application for '91 CDBG funds in the
amount of $420,000. Of this amount, $180,000 would be
for single-family homes rehab; $165,000 could go to
complete the WHERE project; $50,000 would be for the
Urban Homestead Program; and $25,000 would be to cover
administrative costs.
The Executive Director stated that for the first time
in two and one-half years when the contract with fee
accountant R. J. Sylvester had been terminated in
February 1988, the EHA's books of account are current.
ADJOURNMENT
II Q ~ X Q Ii
IT WAS MOVED BY COMMISSIONER KOLTAY TO ADJOURN THE REGULAR MEETING OP THE
ENGLEWOOD HOUSING AUTHORITY BOARD OP COMMISSIONERS HELD DECEMBER 6 1 1990,
AT 8:50 P.M.
R. J,,(,· Berlin . / . Vice Chairman
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Mary Af_ Ryai;r'
Recording Secretary