HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY

10400 Detrick Avenue

Kensington, Maryland  20895

 (240) 773-9025

 

 

Minutes

January 12, 2005

04 - 17

 

A regular meeting of the Housing Opportunities Commission of Montgomery County was conducted on Wednesday, January 12, 2005 at 10400 Detrick Avenue, Kensington, Maryland beginning at 7:00 p.m. Those in attendance were:

 

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 

Roberto Piñero

 

Also Attending

Scott Minton, Executive Director                                              Ken Tecler

Annie Alston                                                                             Earl DeMaris

Bill Murphy                                                                              Lillian Durham

Stuart Raynor                                                                           Peter Engel

Tedi Osias                                                                                Scott Ewart

Tom DeBrine                                                                            Cornelia Kent

Jerry Matthews                                                             Lembit Jogi

Doug Ryan                                                                               Jim Atwell

Rose Matthews                                                                        Nancy Scull

James Miller                                                                             Bill Anderson                           

Joy Flood                                                                                 Bonnie Hodge 

Jim Atwell                                                                                David Hare      

Dana Miller, Special Assistant to the Commission                      David Brody

 

Guests

Corinne Stevens, DHCA

 

Chair Nelson convened the meeting at 7:09 p.m.  He then called for consideration of the Consent Calendar.  The Consent calendar was approved upon a motion by Vice Chair Cohen, seconded by Commissioner Bennett.  Affirmative votes were cast by Commissioners Nelson, Cohen, Bennett, Kator, Thompson, Galloway, and Piñero.

 

 

I.          CONSENT CALENDAR

 

                       A.       Approval of Minutes of December 15, 2004 - The minutes were approved as written.

 

                       B.       Authorization to Advertise Availability of Drafts of Public Housing Agency Plans for Public Review and Comment –

 

            RESOLUTION: 05-01                                               RE:     Authorization to                                                                                                                                 Advertise  Availability of

                                                                                                            Drafts of Public Housing

                                                                                                            Agency Plans for Public

                                                                                                            Review and Comment

 

WHEREAS, the Housing Opportunities Commission of Montgomery County must and desires to implement the mandatory Annual and Five-Year Plans requirement of the Quality Housing and Work Responsibility Act (QHWRA); and

 

WHEREAS, the Agency Plans are mandatory under law and regulation.

                                                                       

            NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County, that the Commission adopts the following as detailed in a memorandum and attachment presented to the Commission on January 12, 2005:

 

1.      The Commission will advertise on or about January 21, 2005 that the proposed Agency Plans are available for public review and that there will be a public hearing on the Plans.

 

2.      The Commission shall make available at its Detrick Avenue office, East Deer Park office, on the HOC Web site, and at the main branch of the County Library draft copies of the Five-Year and Annual Plans and supplemental and explanatory material for public review.

 

3.      The Commission will hold a public hearing on or about March 9, 2005 on the proposed Plan.

 

4.      After consideration of public comments, the Commission will submit the Plans to HUD no later than April 15, 2005 as required by federal regulation.

 

 

 

 

 

 

 

 

             C.       Authorization of Sale of Small Parcels of Land Directly Across from Town Centre Place in Olney - The following Resolution was adopted:

 

            RESOLUTION: 05-02                                             RE:       Authorization of Sale of
                                                                                                Small Parcels of Land

                                                                                                            Directly Across from                                                                                                                        Town Centre Place in

                                                                                                            Olney

 

WHEREAS, Towne Centre Place is a multi-family public housing community located on Morningside Drive in Olney. Included in the land owned by HOC are three land parcels or portions thereof directly across the street from Towne Centre; and

 

WHEREAS, two homeowners whose properties adjoin two of the parcels (approximately 1/10 of an acre and less than 1/10 of an acre, respectively) have both expressed their interest in obtaining the two parcels; and

 

WHEREAS, a developer has expressed his interest in purchasing the third parcel (approximately 4,200 square feet); and

 

WHEREAS, the two parcels which the two homeowners wish to acquire are not usable for any purpose and have market values which are nominal; and

 

WHEREAS, the two homeowners are good neighbors of HOC; and

 

WHEREAS, the market value of the parcel which the developer wishes to acquire is $2.00 per square feet.

 

NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission that the Executive Director or his designee be authorized to execute the documents necessary to sell two parcels of land to Norman Finkle and Mo Hall for one-hundred dollars ($100.00) each and to sell a third parcel to Morningside, L.L.C. for two dollars ($2.00) per square feet and that the purchasers are to pay all closing and transfer costs.

 

    

II.        INFORMATION EXCHANGE

 

 

A.                 Executive Director’s Report – Mr. Minton added the following items to his written report:

 

1)                  Mr. Minton announced that former Commissioner George Sealey, Jr. died on December 23, 2004. Services were held earlier in the day. He noted that staff only learned of his passing after the services were held.

 

2)                  Mr. Minton informed the Commission that staff from Senator Sarbanes’ office will visit the Agency on January 13th.  He noted that HOC staff would take them on a tour of several properties as well as discuss pending changes to the Housing Choice Voucher Program.

 

3)                  Mr. Minton informed the Commission that the Hampden Lane project will go before the Planning Board on January 20th.

 

4)                  Mr. Minton and Tedi Osias, Director of Public Affairs, gave a brief update on the Legislative Breakfast which HOC will host on January 21st in Annapolis.

 

            A brief discussion followed.  Chair Nelson informed staff and the Commission that the Affordable Housing Conference will be held on March 30th.  He noted that HUD Secretary, Alphonso Jackson, has been invited. He encouraged participation by staff and the Commission.

 

 

B.                 COMMISSIONER EXCHANGE

 

      - none

 

C.                 COMMUNITY FORUM

             

-none

 

 

III.       COMMITTEE REPORTS

 

 

A.                             Legislative and Regulatory Affairs Committee  –

 

Chair Pro Tem Galloway stated that the Committee met on December 20, 2004 to discuss changes to the Housing Choice Voucher Program (HCVP).

 

            1.         Approval of Changes to the Rental Assistance Administrative Plan –

 

            Joy Flood, Acting Director of the Rental Assistance Division, made a brief presentation.  She stated that the need for the changes is completely driven by limitations to the federal funding for the program.  She noted that the changes to the Administrative Plan, although immediate, will not affect families immediately.  Unless a family chooses to move, families will not be affected by the changes until one year after their next re-certification.  She explained that every Voucher participant will be affected by the changes within two years.  Ms. Flood further explained that, with the current funding cuts from HUD, the Agency is spending more in rental and utility costs for the program than HUD will fund.

 

            The Commission expressed its displeasure in approving the necessary changes. It was noted that the implications of continued HUD funding cuts may include a reduction in the number of vouchers HOC can administer which is tantamount to families losing their vouchers.

It was also noted that the 10,000 families currently on the waiting list will not be served.

 

            Mr. Minton explained that based on the funding cuts, and HUD’s new funding allocation for 5,300 vouchers, which is based upon figures from the summer of 2004, HOC will no longer be able to serve 5,600 families.  He further stated that, unless the Housing Assistance Payments (HAP) are reduced, HOC will have difficulty maintaining the current level vouchers.

 

            The Commission asked staff to inform the Governor, state legislators, the County Council and the press.  The Commission also asked that the resolution be modified to reflect their regret in implementing the changes and their concern for the residents.

 

            The resolution was adopted upon a motion by Commissioner Bennett and seconded by Vice Chair Cohen.  Affirmative votes were cast by Commissioners Galloway, Nelson, Thompson, Piñero, Kator, Cohen and Bennett. 

 

 

            RESOLUTION: 05-03                                             RE:       Approval of Changes to

                                                                                                            the Rental Assistance

                                                                                                            Administrative Plan

 

 

WHEREAS, the Housing Opportunities Commission of Montgomery County must reduce the Housing Choice Voucher Program costs due to funding shortfalls; and

 

WHEREAS, the Commission regrets having to, by this resolution, affirm a policy with which it disagrees and which will have significant and adverse consequences for families in the Commission’s programs and who need these programs; and

 

WHEREAS, the proposed changes to the Rental Assistance Administrative Plan address the HOC’s ability to streamline program cost and operate the Housing Choice Voucher Program effectively; and

 

WHEREAS, HUD regulations require changes to the Rental Assistance Administrative Plan be presented to the general public for comment; and

 

WHEREAS, public hearings were held in September and October 2004.

 

NOW, THEREFORE,  BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County that staff is hereby authorized to make the following changes to the Rental Assistance Administrative Plan:

 

a)  increase the program minimum rent to $50.00;

 

b)  revise the policy on interim re-certifications to allow HOC to increase the                      participant’s share of rent, when there is an increase in household income at

     any time in between the annual re-certification and when the increase in

     income is over $1,000 annually, unless the participant is at zero income;

 

 c)  reduce the HCV Program payment standards from 110% of the current 50%                                        percentile of the fair market rents to 100% of the same fair market rents.

            2.         Review of Resident Appeals of Evictions and Housing Choice Voucher Program Termination –

 

            Lillian Durham, Director of Resident Services, and Stuart Raynor, Director of Housing Management, made a brief presentation about the Agency’s policies and procedures with regard to evictions.  A comprehensive report was given in the briefing material.

 

 

This item did not require action by the Commission.

 

 

            3.         Approval to Update Affirmative Action Plan –

 

            Stuart Raynor, Director of Housing Management, and Doug Ryan, Housing Policy Coordinator, made a brief presentation.  Bill Anderson, Procurement Officer, was called upon to answer specific questions about efforts to increase Minority / Female / Disabled (MFD) firms in subcontracting roles.

 

            After a lengthy discussion, the item was tabled for action at the February meeting.  Staff was directed to work with legal counsel to modify the resolution to ensure that it is clear that HOC will track MFD contractor and subcontractor participation. Staff and the Commission will review the reported information provided in the monthly status reports to determine whether percentage goals need to be included in the Affirmative Action plan and/or as a criterion in future RFPs.  Furthermore, the resolution should reflect the concerns of the Commission in attempting to encourage prime contractors to subcontract to MFD firms.

 

This item was tabled for action at a future meeting.

 

 

            4.         Approval of Public Housing Income Exclusion for Student Age 18 and Over – Pilot Program –

 

            Stuart Raynor, Director of Housing Management, and Doug Ryan, Housing Policy Coordinator, made a brief presentation.

 

            The resolution was adopted upon a motion by Commissioner Bennett and seconded by Commissioner Piñero.  Affirmative votes were cast by Commissioners Galloway, Nelson, Thompson, Cohen, Kator, Piñero and Bennett. 

 

 

            RESOLUTION: 05-04                                               Re:      Approval of Public Housing

                                                                                     Income Exclusion for

                                                                                    Student Age 18 and Over –

                                                                                    Pilot Program

 

WHEREAS, the Housing Opportunities Commission of Montgomery County chooses to enhance the education, earning potential, and quality of life of its Public Housing residents; and

 

WHEREAS, the Quality Housing and Work Responsibility Act of 1998 encourages Public Housing Agencies to develop initiatives to meet policy objectives; and

 

WHEREAS, the Housing Opportunities Commission adopted exclusions for certain students in 2001, and

 

WHEREAS, the Housing Opportunities Commission has conferred with the Resident Advisory Board on revising the rent-based incentive for adult education.

 

NOW, THEREFORE, BE IT RESOLVED by the Housing Opportunities Commission of Montgomery County that it directs the Executive Director to implement a pilot program for one year from January through December 2005 to expand resident awareness of the exclusion and to review its efficacy and cost.

 

 

 

B.                             Development and Finance Committee –

 

Commissioner Bennett renewed his request for a consolidated development calendar for Commission information and use.  He stated that the Committee met on January 9th to discuss the item before the Commission.  The Committee approved the item.

 

               

1.         Approval of Revised Development Plan Budget and Authorization to Execute a Construction Contract for the Barclay Apartments –

 

 

                Bill Murphy, Director of the Real Estate Division, and Lembit Jogi, Housing Acquisition Manager, made a brief presentation.

 

            The resolution was adopted upon a motion by Commissioner Bennett and seconded by Commissioner Galloway.  Affirmative votes were cast by Commissioners Nelson, Thompson, Cohen, Piñero, Kator, Galloway and Bennett. 

 

 

            RESOLUTION: 05- 05                                              RE:     Approval of Revised             

                                                                                                            Development Plan Budget

                                                                                                            and Authorization to

                                                                                                            Execute a Construction

                                                                                                            Contract for the Barclay

                                                                                                            Apartments

           

WHEREAS, the Housin