HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY

10400 Detrick Avenue

Kensington, Maryland  20895

(240) 773-9025

 

 

M I N U T E S

August 6, 2003

03 - 09

 

 

A regular meeting of the Housing Opportunities Commission of Montgomery County was conducted on Wednesday, August 6, 2003 at 10400 Detrick Avenue, Kensington, Maryland beginning at 7:15 p.m. Those in attendance were:

 

Present

Richard Y. Nelson, Jr., Chair

Y. Monroe Galloway, Chair Pro Tem

Ralph D. Bennett, Jr.

Michael J. Kator (late)

LaKeyia L. Thompson

 

Absent

Norman Cohen, Vice Chair

 

 

Also Attending

Annie Alston                                                                                        

Lillian Durham                                                                          Stuart Raynor  

Peter Engel                                                                                           Scott Ewart

Joy Flood                                                                                             Susan Yancy

Linda Mansouri                                                                                    Gail Willison

John McIlroy                                                                                        William Anderson

Vivian Benjamin                                                                                    Kayrine Brown

Jane Harrah

Nichole Blocker                      

 

Guests

none

 

Chair Nelson called the meeting to order at 7:15 p.m.   He advised the Commission that two committee reports were added to the agenda.  He then called for consideration of the Consent Calendar.  Commissioner Bennett moved, seconded by Chair Pro Tem Galloway.  Affirmative votes were cast by Commissioners Thompson, Galloway, Bennett and Nelson.  Commissioners Cohen and Kator were necessarily absent and did not participate in the vote.

 

 

I.          CONSENT CALENDAR

 

                       A.       Approval of Minutes of July 9, 2003 - The minutes were approved as written.

 

              B.       Authorization to Submit FY2003 Section 8 Management Assessment Program Certification to HUD  - The following Resolution was adopted:

 

                                                                                                 

RESOLUTION: 03-79                                   RE:     Authorization to Submit

                                                                        FY2003 Section 8 Management Assessment Program Certification to HUD

 

WHEREAS, HUD regulations require that the Housing Opportunities Commission submit the Section 8 Management Assessment Program certification annually; and

 

WHEREAS, the certification, which measures the status of HOC’s administration of the Section 8 Program for Fiscal Year 2003, must be submitted to HUD within 60 days of the end of the fiscal year.

 

NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County, that staff is hereby authorized to submit the FY 2003 SEMAP Certification to HUD.

 

 

C.     Authorization of Renewal of Lupine Partners Contract for Yardi Conversion  -- The following Resolution was adopted:

 

  RESOLUTION: 03-80                                 RE:     Authorization of Renewal of Lupine Partners Contract for Yardi Conversion

 

            WHEREAS, the Housing Opportunities Commission (HOC) authorized implementation of Yardi as a replacement for CCS; and

 

            WHEREAS, in response to the RFP for project management services, six companies responded; and

 

            WHEREAS, HOC staff selected Lupine Partners as the most qualified company to handle project management services for Phase I; and

 

            WHEREAS, HOC staff determined that Lupine Partners should provide project management services in Phase II based on their knowledge of the software product, relationship with the vendor (Yardi) and their experience with HOC during Phase I.

 

            NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission that the Executive Director or his designee is hereby authorized to renew a contract with Lupine Partners in an amount not to exceed $125,000.00 for project management services related to Phase II of the HOC implementation of Yardi.

 

 

D.    Authorization for Executive Director to Execute Contract for Construction of Silver Spring Regional Senior Center at Elizabeth House  -- The following Resolution was adopted:

 

                        RESOLUTION: 03-81                                   RE:     Authorization for Executive

                                                                                                            Director to Execute

                                                                                                            Contract for Construction

                                                            of Silver Spring Regional

Senior Center at Elizabeth House

 

WHEREAS, the Housing Opportunities Commission (HOC) issued an Invitation for Bids (IFB) for construction of the Silver Spring Regional Senior Center at Elizabeth House (the center); and

            WHEREAS, the center is a joint venture of the state, the county and Holy Cross Hospital (the consortium); and

 

WHEREAS, the state and the county are providing all funding required for construction of the center; and

 

WHEREAS, HOC is providing space in Elizabeth House for the center; and

 

WHEREAS, HOC is providing construction management services for construction of the center and will have a contract with the consortium as its agent; and

 

WHEREAS, in response to the IFB nine firms submitted bids for construction of the center; and

            WHEREAS, HOC staff and the architect determined that EMSI Engineering James is the lowest responsive and responsible bidder for construction of the center and related work.

            NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission that the Executive Director or his designee is hereby authorized to execute a contract subsequent to approval by the consortium and as agent for the consortium with EMSI Engineering in the amount of $474,519.00 for construction of the Silver Spring Regional Senior Center at Elizabeth House and related work and to approve contract modifications that do not exceed ten percent (10%) of the original contract amount in accordance with the Housing Opportunities Commission Procurement Policy.

 

            E.         Adoption of Resolution of Appreciation for Charles A. Moose- The following Resolution was adopted:

 

 

RESOLUTION :  03 - 82                              RE:      Resolution of

                                                            Appreciation for

                                                            Charles A. Moose

 

 

                WHEREAS, during his tenure, Chief Moose strongly supported the Housing Opportunities Commission (HOC) and its residents; and

 

            WHEREAS, Chief Moose’s support of on-site police coverage and live-on police in public housing communities led to a substantial decrease in crime; and

 

            WHEREAS, under Chief Moose’s leadership, officers were community-minded and assumed leadership of several youth programs within HOC communities; and

 

            WHEREAS, Chief Moose personally intervened to maintain these programs when federal funding was eliminated.

 

            NOW, THEREFORE, BE IT RESOLVED BY the Housing Opportunities Commission of Montgomery County, that it hereby presents this Resolution of Appreciation to former Chief Charles A. Moose for his dedicated service to the Commission and its residents.

 

            BE IT FURTHER RESOLVED that the Commission takes this opportunity to extend best wishes, success and happiness to former Chief Moose in his future endeavors.

 

 

 

            F.         Authorization to Submit FY2003 Public Housing Assessment System  (PHAS) Management Operations Certification to HUD- The following Resolution was adopted:

 

                        RESOLUTION :  03 - 83                              RE:      Authorization to Submit

                                                                                                            FY2003 Public Housing

                                                                                                            Assessment System 

                                                                                                            (PHAS) Management

                                                                                                            Operations Certification to

                                                                                                            HUD

 

WHEREAS, the U.S. Congress mandated and HUD implemented a Public Housing Assessment System (PHAS) as a national set of performance indicators for Public Housing Authorities; and

 

WHEREAS, Management Operations is one of the four components of PHAS; and

 

WHEREAS, by HUD regulations, the Commission is required to certify its performance concerning Management Operations 60 days after the end of its fiscal year on HUD Form 50072; and

 

WHEREAS, by memorandum dated August 6, 2003, HOC staff has explained the information on HUD Form 50072 for FY 2003, and the results are consistent with reports routinely received by the Commission.

 

NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County that the Executive Director or his designee is authorized to certify and submit the FY2003 Public Housing Assessment System (PHAS) Management Operations Certification (HUD Form 50072).

 

 

            G.        Adoption of Resolution Recognizing Zachary D. Smith- The following Resolution was adopted:

 

            RESOLUTION :  03 - 84                            RE:        Resolution Recognizing

                                                                                                Zachary D. Smith

                       

            WHEREAS, Zachary D. Smith began his career with the Housing Opportunities Commission in 1997 as the Director of the Public Affairs Division (later to be renamed the Office of Legislative & Public Affairs); and

 

            WHEREAS, Zachary D. Smith brought the concept of proactive public relations to HOC, arrived at a time when HOC was searching to become more involved with the community at large; and

 

            WHEREAS, Zachary D. Smith initiated the Good Neighbor Program at HOC, which was formulated to maintain two-way communications with the agency’s customers and stakeholders..  The Good Neighbor Program was formulated on the premise that it is better to work at preventing problems than solving them.  Highlights of the program were the establishment of the Housing Resource Service (for customer service), the HOC website and a program of quarterly Good Neighbor newsletters and luncheons; and

 

            WHEREAS, Zachary D. Smith initiated property profile sheets to be included in HOC information packets and used HOC properties for luncheons and other events to garner additional media exposure; and

 

            WHEREAS, Zachary D. Smith was the driving force behind the HOC sponsored Annual Housing Day in Annapolis, HOC’s Housing Forum, HOC’s Candidates Forum and the Legislative Work Group; these activities resulted in the Public Affairs Division being converted to the Legislative & Public Affairs Division; and

 

            WHEREAS, under Zachary D. Smith’s direction, and in conjunction with the Rental Assistance Division, HOC completed the Housing Choice Voucher lease-up advertising initiative, which successfully recruited more than 200 new landlordsMontgomery County.; and

 

            WHEREAS, Zachary D. Smith played an integral role in HOC’s receipt of an additional $20 million in bond cap from the State of Maryland during 2003, the development of the HOC Strategic plan for 2003 – 2008, and in successfully advocating for the creation of a Statewide Study Commission on Housing for Maryland earlier this year.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Housing Opportunities Commission of Montgomery County extends sincere thanks and appreciation for the many contributions Zachary D. Smith has made during his six years of loyal service to the Commission and the citizens of Montgomery County and offers its best wishes to him at the D.C. Housing Authority.

 

 

II.        INFORMATION EXCHANGE

 

 

A.  Executive Director's Report - Annie Alston, Chief of Staff, presented the Executive Director’s report noting that Mr. Minton was on vacation.  Ms. Alston added the following items to the report:

 

1)      The Executive Director has appointed Susan Yancy, Assistant Director of Legislative and Public Affairs, as the Acting Director of Legislative and Public Affairs, until the recruitment process has been finalized.

 

2)      Two residents have been selected to receive MAHRA scholarships.  The $500 scholarships were awarded to Nancy Wilson and Karla Simms.  The funds can be used for any activity that supports enrollment and completion of educational course work.  Ms. Simms, an FSS participant, will use her funds to further her LPN training.  Ms. Wilson, a Housing Choice Voucher participant, will use the funds to continue her college education.

 

3)      The County’s agricultural fair will begin on August 8th.  HOC will have a booth featuring the Agency’s Mortgage Purchase Program and Public Affairs will disseminate general information about HOC’s programs and policies. The fair will run for one week.  Ms. Alston encouraged Commissioners to attend the fair and to visit the Agency’s booth.

 

4)      The 2003 President’s Day snow storm (February 14th -17th) caused the State to petition the Federal Office of Emergency Management (FEMA) for “official disaster” status for 18 of Maryland’s county’s.  HOC applied for the funds being offered through FEMA.  As of June, HOC has been reimbursed $52,654.  Ms. Alston stated that staff worked very hard to obtain the reimbursement.  She went on to state that special appreciation is expressed to the staff in the Property Management and Facilities Management divisions who participated.  Reimbursement covers such things as overtime work, fuel costs, supplies and any other expenses related to snow removal.  Ms. Alston explained that this is the second time that HOC has received funds from FEMA for such expenses.  She stated that approximately $30,000 was received in 1999.

 

5)      Ms. Alston stated that HOC received a 2003 Award of Merit from NAHRO for its partnership with Rockville Housing Enterprises (RHE) which enabled RHE to expand its entrepreneurial program to include purchasing MPDUs using tax credit financing.  Susan Yancy, Acting Director of Public affairs, received the award on behalf of the Agency at the July NAHRO conference.  Ms. Alston presented the Award to the Commission.

 

6)      On August 5th, Emory Grove, Washington Square, Tanglewood, Sligo Hills and Manchester Manor communities celebrated National Night Out Against Drugs, Crime and Violence.  The events allow residents of communities to demonstrate their commitment to safety and crime free neighborhoods.  Ms. Alston stated that approximately 500 to 600 people, including police, residents, and county officials participated in the activities.  Ms. Alston thanked Resident Services division and Property Management division staff for cooking, cleaning and staffing the games.  She especially thanked Antoinette Walker, Zulma Sum, Nancy McLaughlin, and Leon Sidbury for their contributions to the event at Tanglewood.

 

 

B.        COMMISSIONER EXCHANGE

                       

            Chair Nelson stated that he and Commissioner Bennett (Chair of the Development Committee) met with Elizabeth Davison, Director of the Department of Housing and Community Affairs (DHCA) on August 5th.  He stated that they met to discuss items on the agencies’ mutual agendas.  He stated that the meeting resulted in a good exchange of ideas and information to continue ongoing efforts to maintain a good relationship with DHCA.

 

 

C.       COMMUNITY FORUM - no comments made.

 

 

III.             COMMITTEE REPORTS

 

Legislative and Regulatory Committee –  Chair Pro Tem Galloway informed the Commission that the Legislative Committee met earlier in the week to discuss the Fourth Annual Housing Forum, which will be held on September 24th.  She stated that notices will be mailed during the following week.  She explained that participants will be able to register on the web.  This year’s theme is “Make Room for Affordable Housing”. 

 

Liaison to Resident Advisory Board –      Commissioner Thompson presented the results of the RAB survey of Housing Choice Voucher Program participants.  She noted that the RAB conducts surveys of various resident populations on a bi-annual basis.  The surveys attempt to ascertain resident satisfaction levels for various services provided by HOC.  Commissioner Thompson explained that this is the first time that the HCVP participants have ever been polled.  She noted that the majority of respondents are very satisfied with their individual landlords or management firms and with the services provided by HOC staff.  The respondents rated the social services programs as “very satisfactory” and FSS received the most favorable rating.  Commissioner Thompson stated that the only noteworthy concern was with “ease of communication” which received only a 49% satisfactory rating.

 

            Commissioner Thompson stated that the Commission will soon be receiving notification of the results of the recent RAB election of officers and the names of the new members who will join the RAB.

 

In response to a question by Chair Nelson, Lillian Durham, Director of Resident Services, stated that there were 175 responses (35% response rate).  She stated that, overall, the responses were very positive.

 

There was a brief discussion about a question on the survey related to moving.  Ms. Durham explained that the question was poorly worded and may have been confusing to the respondents.  She stated that the responses are reflective of that.

 

 

IV.       DELIBERATION

 

 

A.                 Adoption of a Bond Authorizing Resolution for Randolph Manor Apartments Project

 

Chair Nelson recused himself.  Chair Pro Tem Galloway noted that revised materials had been distributed.  Kayrine Brown, Assistant Director of Mortgage Finance, stated that staff sought the approval of a bond authorizing resolution for the Randolph Manor Apartments.  She explained that the development is an 83 unit independent living community for seniors.  The development will serve incomes below 60% of the area median income (AMI).

 

Vivian Benjamin, Senior Underwriter for Multifamily Programs, stated that the Commission adopted an inducement resolution for the property on May 7, 2003 and approved the public purpose and the underwriter for the transaction on July 9, 2003.  She stated that the transaction is scheduled to close on August 26, 2003.  The owner is scheduled to commence construction immediately following. 

 

Ms. Benjamin stated that the total estimated construction time is approximately 14 months, with the project reaching sustaining occupancy in 2005.  She stated that the property will add to the County’s stock of housing for the elderly. 

 

Ms. Benjamin stated that the bonds will be privately placed with CharterMac, which means that they will have limited distribution and will only be sold to qualified investors.  She stated that the public purpose is very good – 20% of the units will be made available to families at or below 40% of AMI and 80% of the units will be made available to families at or below 60% of AMI.  The entire development will be supported through the Low Income Housing Tax Credits.  Ms. Benjamin stated that the development has support in the County. 

 

Ms. Brown presented the Commission with an updated bond cap matrix.  The matrix compares the efficiency of bond cap usage to finance each transaction.  The matrix shows a comparison of the debt service savings to the developer to the amount of bond cap over the life of the loan and the amount of market rate rent that is given up by the developer by using bond cap.  Ms. Brown stated that the higher the index, the more public purpose is achieved which results in more efficient use of bond cap.  Ms. Brown explained that, for Randolph Manor, for each dollar of savings to the developer, there is a gain of $1.33 of public purpose.  For each dollar of bond cap used, the Agency gains approximately $2.47 in public purpose.  With regard to market rent, for each dollar of market rent given up by the developer, the Agency achieves $.35 in public purpose.

 

Ms. Brown explained that several qualitative variables are considered in the decision-making process.  She stated that the need for affordable housing for seniors and the location of the property are such qualitative variables.  Ms. Brown stated that market studies and studies conducted by the Park and Planning Commission indicate the need for affordable housing for seniors and that over the next ten years, the County will need to produce 200 -250 units per year to fulfill the needs of seniors.  With regard to location, it is estimated that there are approximately 14,000 seniors residing in that market area.  However, there are only two properties in that area which target the need for seniors.

 

With regard to project design and amenities, Ms. Brown stated that the building will be a three story building with two elevators.  She noted that the amenities package outperform similar properties in the market area.  She also noted that the rent will be approximately $400 to $500 below general market rent for independent living for seniors.

 

Ms. Brown concluded by stating that staff strongly believes that the financing decision to use bond cap is appropriate.

 

In response to a question by Commissioner Bennett, Ms. Brown stated that 4% tax credits will be used.   There was a brief discussion about the competition for tax credits.

 

Commissioner Bennett moved, seconded by Commissioner Thompson, to adopt the resolution.  Affirmative votes were cast by Commissioners Kator, Thompson, Bennett and Galloway.  Commissioner Nelson did not participate in the vote.  Commissioner Cohen was necessarily absent and did not participate in the vote.

 

 

RESOLUTION: 03 – 85                                            RE:     Adoption of a Bond Authorizing Resolution for Randolph Manor Apartments Project

 

 

Due to its length, the text of the resolution is not printed here.  A copy of the resolution is on file in the office of the Commission.

 

There was a lengthy discussion about the bond cap matrix and comparisons of properties.

 

 

B.        Amendment of Calendar Year 2003 Georgian Court Operating Budget -

 

Gail Willison, Budget Officer, stated that staff requested an amendment to the budget for Georgian Court. She directed the Commission’s attention to a revised budget chart. 

 

Ms. Willison stated that there is no change in the income, the expenses, or the non-operating income.  She explained that the revised chart more clearly groups the expenses and show how the $64,000 of cash flow will be distributed.  She stated that the budget amendment will reduce net cash flow before distributions to $64,058.51.  Ms. Willison stated that the amount is consistent with the pro forma, HUD requirements and the expectations of the limited partners.  Although there is a reduction in cash flow, there is no budget impact because all of the cash flow from the property was restricted to this property.

 

Ms. Willison stated that, in order to meet the projected budget, a projected rent increase was eliminated and expenses for resident services, replacement reserves, and various maintenance line items were increased.  She reminded the Commission that, in June 2003, the Commission approved an amendment to the Georgian Court Partnership Agreement to bring the distribution requirements of the Partnership Agreement in line with the regulatory agreement.  The regulatory agreement ensured that the property would continue to operate as a 236 (non-profit) and receive the interest reduction payments.  She explained that approval of this budget amendment is the second and final step necessary to allow the property to operate in compliance with the regulatory agreement and the HUD agreement.

 

Commissioner Kator moved to adopt the resolution.  Commissioner Bennett seconded the motion.  Affirmative votes were cast by Commissioners Nelson, Galloway, Thompson, Bennett and Kator.  Commissioner Cohen was necessarily absent and did not participate in the vote.

 

                 

RESOLUTION: 03 - 86                                             RE:     Amendment of Calendar Year 2003 Georgian Court Operating Budget

 

           

            WHEREAS, the Housing Opportunities Commission of Montgomery County approved an operating budget for Georgian Court for calendar year 2003 on October 16, 2002 ; and

 

            WHEREAS, the net cash flow amount in the approved operating budget exceeded the amount allowed under HUD regulations ; and

 

            WHEREAS, the net cash flow amount in the approved operating budget also exceeded the amount that had been projected in the original proforma presented to the limited partners ; and

 

            WHEREAS, the budget has been amended to reduce the amount of net cash flow by eliminating a projected rent increase and increasing certain amounts budgeted for expenses.

 

            NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission that the operating budget for Georgian Court for calendar year 2003 be amended to reduce the net cash flow before distributions to $64,058.51 through the elimination of a rent increase in 2003 and increasing budgeted expenses per the attached schedule.

 

 

C.        Authorization of Increase in Architect’s Contract for Seneca Heights -

 

            Peter Engel, Director of Real Estate, introduced Lembit Jogi, Real Estate Planner. 

 

Mr. Jogi explained that he is the project manager for Seneca Heights.  He stated that HOC is responsible for the design and renovation of the property for the owner, DHCA.  He stated that, after reviewing the needs of the property and the requirements of the site plan approval by the city of Gaithersburg, the scope of work that the architect and the engineers will undertake has increased. 

 

Mr. Jogi stated that the original contract amount approved by the Commission in January 2003 was approximately $131,000.  Due to the additional scope, the contract will need to be increased by approximately $58,000.  Mr. Jogi stated that staff requests authority to increase the contract to a total of $189,549.

 

Commissioner Bennett asked if the increase covers the design phase and construction.  Mr. Jogi stated that the construction phase was covered in the original contract.  He explained that the contract covers the design and all approval processes such as a sprinkler system required by the City of Gaithersburg, due to change of use policy.  He explained that the sprinkler system was not included in the original contract. 

 

In response to a question by Commissioner Kator, Mr. Jogi stated that the contract will be paid by DHCA.  He further explained that DHCA has agreed to pay the contact, but HOC will initially fund it.

 

There was discussion about the name of the property. 

 

Commissioner Bennett moved, seconded by Commissioner Galloway to adopt the resolution.  Affirmative votes were cast by Commissioners Kator, Thompson, Nelson, Galloway and Bennett.  Commissioner Cohen was necessarily absent and did not participate in the vote.

 

RESOLUTION: 03 - 87                                             Re:      Authorization of Increase

in Architect’s Contract for Seneca Heights

 

            WHEREAS, the Housing Opportunities Commission of Montgomery County, on January 24, 2003, approved Wiencek and Zavos Architects as the project architect for the renovation of Seneca Heights apartments; and

 

            WHEREAS, the initial contract amount with Wiencek and Zavos was approved for $98,700, which included the base fee for architectural, landscaping, and MPE engineering services, with change order authority up to an additional $32,425 for civil engineering if it becomes evident that it is needed as the project progresses; and

 

            WHEREAS, as a result of further program refinements by the sponsor and requirements of the City of Gaithersburg, the scope of work undertaken by the architect was increased; and

 

            WHEREAS, the increased fee for the additional services to be performed by the architect, above what the Executive Director received prior Commission approval to execute, totals $58,424.</