HOUSING OPPORTUNITIES
COMMISSION OF
10400 Detrick Avenue
(240) 773-9025
M I N U T E S
03 - 04
A regular meeting of the Housing Opportunities
Commission of Montgomery County was conducted on
Present
Richard Y. Nelson, Jr.,
Chair
Norman Cohen, Vice Chair
Y. Monroe Galloway, Chair
Pro Tem
Ralph D. Bennett, Jr.
Michael J. Kator
LaKeyia L. Thompson
Also
Attending
Scott Minton, Executive Director Ken
Tecler
Annie Alston Bill
Murphy
Lillian
Peter Engel Earl
DeMaris
Zachary Smith Harold
Kramer
Scott Ewart Patrick
Mattingly
Lembit Jogi Bryan
Luntz
Bill
Anderson Vivian
Benjamin
Jim
Atwell Lisa
Hudson
Bobbi
DaCosta Gail
Willison
Arthur
Owens John
McIlroy
John
Rossbach Doub Ryan
Louis
Chaney Andrew
Oxendine
Mike
McGinn Jane
Harrah
Dana Miller, Special Assistant to the Commission
Guests
none
Chair Nelson convened the meeting of
the Housing Opportunities Commission at
I. CONSENT
CALENDAR
A. Approval
of Minutes of
B. Approval of Special Teleconference
Minutes of
C. Approval of Record of Public Hearing
of
D. Approval to Project Base Units for
Mental Health Association - The
following Resolution was adopted:
RESOLUTION: 2003 - 29 RE: Approval
to Project Base Units for Mental Health Association
WHEREAS, the Housing Opportunities Commission of Montgomery county administers
a Housing Choice Voucher Program; and
WHEREAS, the Housing Opportunities commission approved the use of funding for
project based vouchers on
WHEREAS, the Housing Opportunities Commission approved a project based program
size of no more that 560 units on
WHEREAS, the Housing Opportunities Commission approved the selection of 558
units for project based voucher funding
for private landlords on April 17, 2002 (121 units), November 6, 2002 (141
units) and on January 22, 2003 (seven units), March 2003 (16 units) and for
HOC-owned units on November 6, 2002 (275 units); and
WHEREAS, the Housing Opportunities Commission continuously works to expand
housing opportunities for residents of
NOW, THEREFORE, BE IT RESOLEVED by the Housing Opportunities Commission of
Montgomery County that it approves the use of project based funding for five
units for the mental Health Association of Montgomery County, a not-for-profit
chapter of the Mental Health Association of Maryland and a reduction of five
units in the size of HOC-owned project based units (275) to accommodate the
Mental Health Association’s units.
E. Approval to Close RFP for Project
Based Vouchers Issued March 2002 - The following Resolution was adopted:
RESOLUTION: 2003 - 30 RE: Approval
to Close RFP for Project Based Vouchers Issued March 2002
WHEREAS, the Housing Opportunities Commission of Montgomery County administers
a Housing Choice Voucher Program; and
WHEREAS, the Housing Opportunities Commission approved the use of funding for
project based vouchers on
WHEREAS, the Housing Opportunities Commission approved a project based program
size of no more that 560 units on
WHEREAS, the Housing Opportunities Commission approved the selection of 558
units for project based voucher funding
for private landlords on April 17, 2002 (121 units), November 6, 2002 (141
units) and on January 22, 2003 (seven units), March 2003 (16 units) and for
HOC-owned units on November 6, 2002 (275 units); and
WHEREAS, the Housing Opportunities Commission continuously works to expand
housing opportunities for residents of
NOW, THEREFORE, BE IT RESOLVED BY THE by the Housing Opportunities Commission of
Montgomery County that it approves the closing of the RFP for project based
voucher funding since all units are designated and no additional funding is
available.
F. Approval of FY 03 Third Quarter Budget
Amendment -
The following Resolution was adopted:
RESOLUTION: 2003 - 31 RE: Approval
of FY 03 Third Quarter Budget Amendment
WHEREAS, the Housing Opportunities
Commission adopted a budget and personnel complement for FY’03 on
WHEREAS, the Commission’s budget
policy allows for amendments to the budget; and
WHEREAS, the Commission has
reviewed a proposed technical budget amendment to the FY’03 Budget; and
NOW,
THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County, that it
hereby amends the FY’03 Operating Budget by increasing revenue and expenses in
the Public Fund by $49,999 for a total Agency Operating Budget of $161.2
million.
G. Authorization
to Form Development Corporations for
RESOLUTION: 2003-32 RE: Authorization to Form
Development
Corporations
for
II. INFORMATION EXCHANGE
A.
Executive Director's Report - Mr. Minton added the following items to
his written report.
1) Mr. Minton informed the Commission that a recognition ceremony was
held on April 8th for the volunteers in HOC’s
offices and Resident Services programs.
Additionally, he notified Commissioners that
Resident Volunteers of HOC’s Senior Communities have
been selected for the 20th Annual Governor’s Volunteer and Services Award under the category of “Senior
Group.” The volunteers will be
recognized at a ceremony on April 30th.
2) Mr. Minton informed the Commissioners that Joshua Gaskins,
Accounts Payable Clerk, had been deployed to
3) Mr. Minton
informed the Commission that resident survey of the
community had been completed. Lillian Durham, Director of Resident
Services, distributed a written report on the survey and spoke briefly about
the demographics of the community.
Ms. Durham stated that there were a substantial
number of families that requested after-school programming for children as well
as summer programs. She explained that a
summer coordinator will be hired to facilitate organized summer recreational
programming at the new Community Center.
The program will run in conjunction with the public school’s summer
achievement program which provides free lunch.
4) Mr. Minton informed the Commission that the Grand Opening of the
5) Mr. Minton directed the Commission’s
attention to a letter from Secretary Hoskins.
Included with the letter was a copy of the Governor’s Executive Order to
establish the Governor’s Commission on Housing Policy.
There a brief discussion about HOC’s
possible representation on the Commission.
Chair Nelson stated that, in remarks made at the Affordable Housing
Conference, the Governor stated that
Chair Nelson stated that the Governor’s Housing Conference will
be held on October 30th at the
B. COMMISSIONER
EXCHANGE
Chair
Nelson informed the Commission that he and Mr. Minton attended a meeting on
April 8th with Bart Harvey, President and CEO of the Enterprise
Foundation. He stated that they
discussed opportunities for HOC to partner with the
C. COMMUNITY FORUM - no comments made.
III. COMMITTEE REPORTS
Development and Finance Committee -
Commissioner Bennett reported that the committee met on March 26th
to discuss the plan for the Montgomery Arms rehabilitation. He pointed out a change in the financing of
the property. He stated that the
rehabilitation is an excellent effort to preserve an asset. He stated that staff has developed an
innovative way to maintain affordability in this project. He explained that the plan involves
subsidizing the rents of several classes of residents, over several years. This plan would allow residents to maintain
residency at the property.
Commissioner Bennett
explained that the amount of funds requested from the Opportunity Housing
Reserve Fund (OHRF) has risen from $500,000 to $1 million. He explained that hard cost estimates which
have been received are approximately $500,000 higher than expected.
Peter Engel, Director of
Real Estate, explained that staff is requesting approval of a resolution with
language which specifies an OHRF loan that will not exceed $1 million.
Chair Nelson informed the
Commission of his support for the request and made a moved to adopt the
resolution. Vice-Chair Cohen seconded
the motion. Affirmative votes were cast
by Commissioners Kator, Galloway, Thompson, Nelson,
Cohen and Bennett.
RESOLUTION: 2003-33 RE: Approval of Development
Plan for
There was brief discussion
about the Housing Initiative Fund (HIF).
Mr. Engel informed the Commission of recent discussions with staff at
the Department of Housing and Community Affairs (DHCA) regarding this project.
Budget, Finance and Audit Committee - Vice-Chair Cohen reported
that a meeting was held on the 26th of March to discuss and approve
the FY 04 Public Housing budget. It was
pointed out the Committee was authorized to approve the budget. The Committee approved the budget at the
meeting and the budget was submitted to HUD on time.
Resident Advisory Board Liaison Report - Commissioner Thompson reported that the Resident Advisory Board (RAB) conducted
its biannual survey of Public Housing residents in Senior Buildings. She stated that the majority of residents
responded that they are “very satisfied” with the properties, units and
services from the counselors.
Two areas which did not
receive high marks are: visitor parking areas and tenant parking areas. It was noted that the low marks might be
attributable to the lack of adequate parking, rather than concerns about
cleanliness or maintenance.
Copies of the
survey summary were distributed.
IV. DELIBERATION
A. Presentation of Executive Director’s
FY04 Recommended Budget-
Earl DeMaris, Chief Financial
Officer, introduced Gail Willison, Budget Officer, and Brian Kim, Assistant
Budget Officer.
Gail Willison stated that
she would provide the Commission with a brief overview of the operating and
capital budgets, goals incorporated in the FY04 Strategic Plan and major
changes in the FY 04 budget as compared with the FY 03 budget. She explained that the budget reflects income
that is projected to cover the Agency’s operating expenses. It does not include many items in the
Agency’s financial statements that are based on accrual accounting. It reflects only cash available to the Agency
to cover operating expenses.
Ms. Willison further
explained that discussion of the specific divisions and departments will take
place during meetings which will be held in April and May.
Mr. Minton stated that the
budget is approximately $175 million, which is approximately $10 million above
the FY 03 budget. He explained that the
increase is reflective of the increase of Housing Assistance Payments (HAP) the
agency will receive as a result of the Lease-up Initiative.
Mr. Minton went on to state
that the budget was impacted by many
external factors, including federal and County reductions, increased retirement
rates, increased health insurance rates and ongoing collective bargaining
negotiations. He pointed out that
certain operations of the Agency are being funded by HOC’s
own revenue rather than government revenue.
He noted that there is a reduction of 1.75 work years in this
budget. He pointed out that staff has done
considerable work to ensure that the Agency could avoid a Reduction In Force (RIF).
In response to a question by
Commissioner Bennett, Mr. Minton stated that Pay-for-Performance is not being
funded in the coming year. He added that
one staff event (holiday party or staff appreciation day) would not be funded
in FY 04. Mr. Minton explained that
although the budget is balanced, it contains several policy issues for the
Commission to consider.
Ms. Willison continued the
presentation. Ms. Willison pointed out
that the budget is approximately $175 million.
Approximately 74% ($129 million) of the Agency’s total revenue comes
from grants and operating sources which includes $45 million generated from the
Agency’s properties. Approximately 26%
($46.3 million) of the budget comes from non-operating revenue. Commitment and development fees are included
in non-operating income because the Agency is unable to control when those fees
will be received.
Ms. Willison stated that, in
FY04, non-operating income has increased due to the projection of additional
development and commitment fees. During the FY 02 budget process, the decision
was made to restrict 60% of development and commitment fees to the Opportunity
Housing Reserve Fund for future capital projects. The FY 04 budgets continue this process
Although the Agency has a $175 million budget, approximately 93% of revenue is
restricted. These restrictions are
either bond requirements or internal requirements to cover the costs of
operating and maintaining properties.
What remains is approximately $12.4 million of discretionary
income. Approximately $7.6 million of
discretionary income is from management fees, $3 million from cash flow from
HOC-owned properties; $1.2
million is from the
portion of commitment and development fees that flow to the General Fund; and
the remainder is from miscellaneous income.
Ms. Willison explained the
sources of funds by stating that Federal, County and State grants account for
42.41% of revenues. Property related and
management fee income are another 31.2%.
Non-operating income
represents another 26.39% of the Agency’s revenues. Ms. Willison pointed out that 23.59% of HOC’s total budget is derived from interest income. This means that almost one-quarter of HOC’s budget is driven by interest rates.
Ms. Willison then focused on
HOC’s use of funds.
She stated that the Agency has very little control over how funds are
used. Approximately 68% of HOC’s revenue must be used for non-operating costs and HAP
payments. This severely limits the
Agency’s ability to appropriate funds to other areas of HOC’s
operating budget.
Ms. Willison,
then discussed the capital budget. She
explained that the capital budget includes funds for capital improvements as
well as capital development projects.
The capital improvement budgets for the properties do not include
dollars that will be rolled over from FY 03 to FY04. It is still too early to project the amount
that will be left at year end that we will roll forward.
The Capital development
budget includes funds for the new 60 unit MPDU program that will be funded
through bond financing, an HOC contribution and a matching County
contribution. Approximately $15.9
million or 49.6% of the total capital budget will be funded through bond
financing. The Government funds include
the matching County money as well as funds from capital fund program - formerly
known as the
Comp Grant.
Ms. Willison briefly
discussed the Agency’s strategic plan and the development of the budget to
support the plan.
Mr. DeMaris highlighted
several
Mr. DeMaris stated that the
cost of health insurance benefits increased dramatically in FY04 – almost 25%
or $417,000. Additionally, retirement rates increased 13% or $117,000. This is the second year that both these rates
have increased substantially.
Mr. DeMaris then focused on
property income. He stated that HOC
projects $3 million in net property income that will be available to help
support Agency operations.
The
Additionally, property
liability insurance costs have increased dramatically this year -102%. There was a brief discussion on insurance
rates.
With regard to the Housing
Choice Voucher Program, Mr. DeMaris highlighted the following points. The Housing Choice Voucher Program projects
a cash surplus of $233,010. This is the
first time in five years that this program will be self-supporting. Contract activity is projected at 98% of the
available units allocated to the Program.
The budget proposes retaining six of the original 17 temporary staff
that were hired during the FY 03 Lease-up
program. All cash surpluses will be
restricted to the HCV Program.
Mr. DeMaris then discussed
the Public Housing program. He explained
that, at the time the recommended budget was prepared and printed, the
projected deficit for public housing was $613,600, based upon 90% funding for
the operating subsidy. Subsequently, the calculation for the performance
funding system (PFS) was refined. Staff
calculates that HOC will receive approximately $227,000 more funding at the 90%
level than was originally budgeted.
Most of this increase is
attributable to the calculation of public housing rents, the allowable utility
expense and the local inflation factor.
Occupancy is lower than originally projected due to units that will be
offline at Middlebrook because of the
rehabilitation.
Staff now projects the FY04
deficit to be approximately $387,000.
This will be funded from public housing operating reserves. The reserve balance on
Mr. DeMaris informed the
Commission of several important developments for the Agency. Despite the fiscal constraints that HOC faces
in the coming year, there is good news.
Mortgage Finance and Development working together have, either through
financing or capital projects, increased the number of new affordable housing
units in
At the Affordable Housing
Conference, the Governor announced that HOC will receive $20 million in
additional bond cap over the next two years.
The Governor also announced that additional bond cap may be available in
future years.
Although Fannie Mae
discontinued its Closing Cost Assistance Program, HOC was able to implement its
own Closing Cost Program. The program
will provide closing cost assistance in the amount of 5% for first time home
buyers.
In January 2003, HOC was
notified by the State that it had received a $300,000 grant from the
Homeownership Program for the Community Legacy Area. This money can be used to provide closing
cost assistance to firemen, policemen, teachers, and nurses in the legacy area
– which includes
Mr. DeMaris reviewed
information pertaining to personnel, which Mr. Minton also discussed in his
opening remarks.
In conclusion, Mr. DeMaris
stated that the continued reductions in federal, state and county funds
combined with the increase in employee benefit costs provided staff with
significant challenges during the preparation of this budget. He stated that the budget continues to support Agency
operations with income generated from our properties.
Mr. DeMaris explained that, although public
housing will continue to operate at a deficit, we have sufficient reserves to
fund this deficit. This budget is
balanced with the use of public housing reserves.
Because of the uncertainty
in predicting when commitment and development fees will be received, this
budget only utilized 40% of the fees in the operating budget. The other 60% is restricted to our
Opportunity Housing Reserve Fund and will be used for capital projects.
Commissioner Kator inquired about the decrease of 1.75 work years for the Agency, while
at the same time, maintaining term employees from the Lease-up initiative. Mr. Minton and Chair Nelson explained that funds
in the Housing Choice Voucher program are restricted and cannot be allocated to
other divisions.
In response to a question by
Commissioner Bennett, a discussion about use of excess cash flow ensued. Chair Nelson inquired about the need for a
Commission policy on uses of excess cash flow.
It was decided that the matter would be discussed during hearings on the
General Fund.
There was a brief discussion
about opening the budget hearings to the public, in the event that more than
three Commissioners wish to attend the hearings.
B. Authorization for Executive Director
to Execute Director to Execute Amendment to Contract for Renovation of Kitchens
and Bathrooms at Emory Grove and
Stuart Raynor, Director of
Housing Management, introduced John McIlroy,
Manager of Housing Management
Modernization.
Mr. Raynor stated that, per
the Commission’s authorization, the Executive Director executed a contract in
the amount of $466,000 – with a provision for modifications costing an additional
10% - for the renovation of the kitchens and bathrooms at Emory Grove and
Mr. Raynor pointed out that
renovating kitchens and bathrooms in an older property in which large families
have lived, once under way, often leads to the identification of work that was
not identified in the original project plans.
He stated that such is the case for this project. The subflooring that needed to be replaced, as well as
additional work related to bathtubs and cabinets, will require more work and/or
materials than identified in the scope of work determined for each unit.
Mr. Raynor stated that, as
the project neared completion, the Project Manager authorized work for which
the cost exceeded the contract amount plus the 10% provision for modifications. He emphatically stated the Project Manager
should never have taken those actions.
He further explained that the Project Manager, under the supervision of
the two parties here at the table, should have been, from the very beginning of
the project, entering in the project log, all work and the cost thereof as it
was correctly authorized and as it was completed by the contractor.
Mr. Raynor explained that
the procedure is that all change orders for modifications or additional work
not designated in the contract must first be described in writing by the
contractor, with price quotes per the unit price schedule in the contract, and
then must be approved by the Modernization Manager before the work is
authorized and entered in the log.
Mr. Raynor stated that in a
project of this type, if procedure had been followed, it would have been clear
early on that the contract amount was probably not going to be sufficient to
complete the project - particularly on this job wherein the cost of work in the
first completed units exceeded 110% of average per unit cost per the
contract. Knowing that early on, staff
would have been able to project a new total cost for the project and request
approval of a contract amendment at that point.
Mr. Raynor then explained that,
near the end of the project, a more serious error occurred – the Project
Manager authorized work for which he did not have authority.
Mr. Raynor further explained that procedures which
preclude errors of this type were and are in
place. He noted that the Project Manager
has been admonished for not following the procedures.
Mr. Raynor assured the
Commission that, going forward, this subject will be a regular agenda item at
group and individual staff meetings and that senior Housing Management staff will
more frequently and more carefully monitor project logs so that this does not
happen again.
There was a brief discussion
about the time it is taking to complete the renovation.
Commissioner Bennett moved,
seconded by Vice-Chair Cohen, to adopt the resolution. Affirmative votes were cast by Commissioners
Thompson, Kator, Galloway, Nelson, Bennett and Cohen.
RESOLUTION: 2003-34 RE: Authorization for
Executive
Director
To Execute Amendment to Contract for Renovation of Kitchens and
Bathrooms at Emory Grove and
WHEREAS, the Housing Opportunities
Commission authorized the Executive Director or his designee to execute a
contract with OMF Contractors in the amount of $466,000 for renovation of
kitchens and bathrooms at Emory Grove and Washington Square and to approve
contract modifications that do not exceed ten percent (10%) of the original
contract amount in accordance with Housing Opportunities Commission Procurement
Policy; and
WHEREAS, the Project Manager in
violation of the Procurement Policy and without proper authority approved
additional work the cost of which exceeded the amount of the approved contract
and modifications thereto by $88,539; and
WHEREAS, the additional work was
due to conditions which were not know prior to the start of work but were
necessary to properly complete the renovations.
NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities
Commission that the Executive Director or his
designee is hereby authorized to execute an amendment in the amount of $88,539
to contract #10-0110 for renovation of kitchens and bathrooms at Emory Grove
and
C. Approval of FY 2004
Public Housing Agency Plans -
Doug
Ryan, Housing Policy Coordinator, stated that he was presenting the proposed
final version of the Public Housing Annual Plan and the Public Housing
five-year plan. The plans are due to HUD
no later than April 15th.
Mr. Ryan directed the Commission’s attention to revisions to the
demographics of the waiting lists for the Housing Choice Voucher Program and
the Public Housing Program.
Mr.
Ryan stated that no major changes are being made to the plans. He pointed out that changes have been made to
the demographics of persons or families on waiting lists for Public Housing and
Housing Choice Voucher programs.
Mr.
Ryan stated that Congress is requiring Public Housing Agencies to administer
the community service requirement for certain Public Housing Residents. The effective date will be
Mr.
Ryan stated that staff met with the Resident Advisory Board (RAB) in February
to discuss the proposed Agency Plans.
He directed the Commission’s attention to a letter from the RAB which
will be submitted to HUD. He explained
that the RAB is in support of the Plan.
Additionally, members of the RAB would like the Commission to consider
adding a preference for veterans in both the Housing Choice Voucher Program and
the Public Housing Program.
Mr. Ryan stated that the Agency is not adding that
preference to its programs. Mr. Ryan
explained that the preference is not being added because the Agency desires to
keep the programs as open to the income-eligible populations as possible. There was a brief discussion of a recent
letter to the Commission regarding that matter.
Chair Nelson explained that the Commission adopted a
preference for persons who live or work in
Commissioner Kator inquired
about a preference for persons with disabilities. Mr. Minton and Chair Nelson confirmed that
disability preference was included in the 1998 legislation on federal
preferences. However, Chair Nelson
confirmed that the Commission did not adopt it (and several others) at that
time.
Mr. Ryan reiterated that the proposed plan, if approved would be submitted to HUD during the following week. He stated that there are no significant changes to the current plan for the Agency.