HomeMy WebLinkAboutHRA mtg Mar 4, 2013HOUSING & REDEVELOPMENT AUTHORITY
MINUTES OF THE SPECIAL MEETING
OF MARCH 4, 2013
Call to order – The meeting was called to order by Chair Diehm at 6:30 pm. Bobby Williams took his
Oath of Office.
Roll Call – Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Bobby Williams, Rheta Nelson, and Tammera Diehm.
Staff Present: Executive Director-Walt
Fehst, Community Development Director-Scott Clark, and Assistant Community Development Director -Sheila Cartney.
Pledge of Allegiance – Recited
PUBLIC HEARING
Amendment to the PHA
Plan (including approval of Conversion Assessment and Conversion Plan) Resolution 2012-04
Clark explained that the next steps in the sale of Parkview Villa is for the HRA to take action
on a Conversion Assessment and Conversion Plan, in addition to a PHA Plan Amendment stating that the aforementioned action will be implemented. The Conversion Plan is a second try at
the dissolution of the Public Housing Agency contract with the Department of Housing and Urban Development (HUD).
The bottom line summary of these actions is 1) A Conversion Assessment
illustrates, by the use of a HUD matrix, that the cost of operating the units as tenant-based housing ( meaning using project based section 8 as the form of assistance) is less than
operating the facility as public housing with related assistance. The analysis, as shown on the Plan, illustrates a 11% cost saving to HUD 2) A Conversion Plan is the written process
requirement for voluntary conversion of public housing to the voucher program described in item #1. The Plan describes the process, the maintaining of affordability, the use of net proceeds
for renovation and the rationale for sale and conversion.
Lastly, the other action is an amendment to the PHA Plan that simply states the above process. A 45 day review and comment
period was held (the actual plan was reviewed at two community meetings) and no North residents formally commented on the Plan. One South resident did send a letter of inquiry and was
responded to in kind.
Staff recommends approval of the attached resolution. Note the resolution was developed through AEON’s attorney to be in an appropriate form that HUD will accept.
The passage of this resolution approves the PHA amendment and also approves and requests submission of the Conversion Assessment and Plan.
Questions/comments from members:
Nawrocki
questioned if this is the second attempt at the dissolution, when was the first attempt made? Clark reminded him we did a Section 18 disposition process and that HUD changed their policy
so the application was withdrawn and another path was taken. Nawrocki again asked for an explanation regarding the reserve funds of Parkview if approximately $1.5 million will be received
for the sale. Clark explained that part of the $1.5 million includes the fund balances from the south building (approx. $750,000). The reserves for the north building would go into
the rehab of that building and is a consideration in the overall sales process. Nawrocki wanted to know exactly what the funds would be used for. Clark told him that is a discussion
for a different meeting since they have limited time for this special meeting.
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Nawrocki wanted to know why the Resolution came from Aeon’s attorney. Clark told him that not many people have the expertise regarding HUD’s dissolution
process and for drawing up a Resolution that HUD will accept, and their attorney does.
Nawrocki asked what Anoka County is giving us for this project? Clark stated that they have
recommended giving Aeon some Home funds. Nawrocki then asked what the Resident Council’s reaction was on this plan. Clark said they had no specific questions. Rheta Nelson stated
that residents were not concerned with the details of the process.
Nawrocki asked if this amendment changes what the Executive Director is allowed to sign off on. Clark told him
clause #1 only pertains to minor changes, anything major would still be brought before the Board.
Motion by Peterson, seconded by Williams, to waive the reading of resolution 2013-04
there being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Williams, to adopt Resolution 2013-04, approving Resolution of the Columbia
Heights Housing and Redevelopment Authority Confirming Approval and Significant Amendment to 5-Year and Annual Plan. All Ayes. MOTION PASSES.
HRA RESOLUTION 2013-04
RESOLUTION OF
THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) CONFIRMING APPROVAL AND SIGNIFICANT AMENDENT TO 5-YEAR AND ANNUAL PHA PLAN
WHEREAS, the Significant Amendment
to 5-Year and Annual PHA Plan (the Amendment) provides for the voluntary conversion to vouchers of the 101-unit Parkview Villa North public housing development (the Development); and
WHEREAS,
the Amendment strikes current text in Section 7.0 of the 5-Year Plan for fiscal years beginning January 1, 2010 and the Annual Plan for the fiscal year beginning January 1, 2013 and
substitutes the following:
“The HRA is submitting a voluntary conversion to HUD for its 101 units of public housing under Section 22 of the United States Housing Act of 1937 and related
requirements of the U.S. Department of Housing and Urban Development (HUD). The attached Conversion Assessment and Conversion Plan describe this action and the reasons for it. It is
anticipated that, subject to fulfillment of all HUD requirements, the result will be a renovated development assisted by project-based vouchers with continued availability to current
and future low-income households. In accordance with HUD requirements, the Conversion Assessment is submitted with the PHA’s 5-Year and Annual Plan as amended by this Significant Amendment
and the Conversion Plan is made part of the 5-Year and Annual Plan as amended by this Significant Amendment.”; and
WHEREAS, the Amendment’s text was published for review and comment
in the local newspaper and copies have been available for review at the local Public Library, administrative offices of the PHA, and the PHA development management office; and
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WHEREAS, HRA staff met with the Resident Council of the Development, which also serves as the Resident Advisory Board, to review the Amendment, the
Conversion Assessment and the Conversion Plan and received no written comments; and
WHEREAS, the Board of Commissioners has reviewed the Amendment, the Conversion Assessment and the
Conversion Plan and supports the contemplated actions as the best means of utilizing the Development to further long-term affordable housing in Columbia Heights;
NOW, THEREFORE BE
IT RESOLVED, by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that:
(1) the Amendment to the 5-Year and Annual Plan is adopted, provided that
the Executive Director may make any necessary corrections or modifications to the Conversion Assessment and Conversion Plan prior to their submission to the U.S. Department of Housing
and Urban Development (HUD); and
(2) the Executive Director is authorized to take all actions necessary to provide for consideration and approval by HUD of the proposed voluntary conversion
of the Development and otherwise to provide for the successful conversion, transfer of ownership and future use of the Development as proposed in the Conversion Assessment and Conversion
Plan.
ADOPTED THIS 4th Day of March, 2013
MOTION BY:
SECONDED BY:
ROLL CALL:
HOUSING & REDEVELOPMENT AUTHORITY
________________________________________
Chair-Tammera
Diehm
________________________________________
Executive Director-Walter Fehst
BUSINESS ITEM
5. Beautician Licensing Agreement
Thespino Hamm, the beautician who worked at
Parkview Villa for the past twenty years, retired at the end of January. The aforementioned position was not affiliated with the HRA in any employment sense. The role of the HRA was
to give the beauty parlor space for no fee, in exchange for the service to the residents. Payments, bookkeeping and all aspects of the business were retained solely through the beautician,
and this was memorialized in a contract that was signed in 2001. This service is important to the residents, and as such, staff wanted to get a new person in place immediately. Carmen
Knake has done hair salon work in the community for over forty years and approached the staff regarding taking over this business, with the understanding that this would be a short term
proposition due to the sale of the building. Staff had the HRA Attorney draft a new “Beautician Licensing Agreement” and all points have been agreed to by all parties. Ms. Knake is ready
to take over immediately and has all of her insurances in place.
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Staff recommends approval of the Agreement as written.
Questions by members:
Nawrocki asked if it was clear that this agreement would terminate at
the completion of the sale. Clark stated, yes, it is detailed in the agreement and the new person is aware of this also.
Motion by Peterson, seconded by Williams, to Approve “Beautician
Licensing Agreement” Dated March 4, 2013, by and between the City of Columbia Heights Housing and Redevelopment Authority and Carmen Knake. All ayes. MOTION PASSED.
Beautician Licensing
Agreement
This Licensing Agreement is made this 4th day of March, 2013, by and between the Housing and Redevelopment Authority of Columbia Heights (hereafter referred to as "the HRA")
located at 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and Carmen Knake (hereafter referred to as "Consultant") located at 965 40th Avenue NE, Columbia Heights.
I. Objectives
The
objectives of this agreement are as follows:
Whereas, the HRA owns and manages multi-family housing facilities at 965 40th Avenue NE in Columbia Heights, Minnesota (hereafter referred
to as “Parkview Villa”).
Whereas, the HRA does not by its employees provide barber or beauty services for its residents at Parkview Villa, and desires to ensure that its residents have
ready access to a licensed barber or beautician to maintain proper health and appearance on a regular basis; and
Whereas, Consultant has the necessary qualifications and abilities to
maintain a barber/beautician operation at Parkview Villa and is desirous of providing such an operation upon terms and conditions set forth below:
Now therefore, in consideration of
Consultant’s use of the premises as well as the obligations outlined herein, it is hereby agreed by the parties as follows:
II. Status of Parties
The HRA and Consultant agree that
their relationship is that of licensor/licensee and not of employer and employee or principal and agent.
III. License
Consultant is hereby licensed to provide barber and beautician
services exclusively to residents of Parkview Villa on the premises as designated by the HRA. The barber and beautician services authorized by this agreement are limited to hair cutting
and styling while expressly excluding other cosmetology services such as manicures, pedicures, facials, massages or any other services that beautify the skin or nails. The foregoing
services will be conducted by the Consultant in a space designated by the HRA within Parkview Villa. Consultant will also be permitted to conduct limited retail sales of hair products
to the residents within the designated area.
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IV. Insurance
Consultant shall purchase and maintain general commercial liability insurance to protect against claims for damages because of injury
to persons or damage/destruction of any tangible property arising out of the performance of Consultant’s obligations under this agreement. The base limits for the general commercial
liability insurance policy shall be at least $1,000,000. Consultant shall provide the HRA with evidence of the foregoing insurance in the form of a certificate from the insurer no later
than ten (10) days after the execution of this agreement as well as when reasonably requested by the HRA thereafter. Consultant represents to the HRA that Consultant has no employees
and will not employee any other person during the term of this agreement to provide the services at Parkview Villa as outlined herein.
V. Credentials
Consultant is responsible for
insuring that appropriate licenses are obtained to render stated services at Parkview Villa. Consultant shall provide the HRA with a copy of said license at the start of the contract
period and as updated thereafter.
VI. Indemnity
Consultant shall defend, indemnify, and hold the HRA harmless against any and all claims, liabilities, damages or judgments asserted
against, imposed upon or incurred by Consultant that arise out of acts or omissions, including malpractice, negligence or breach of this agreement by Consultant or any of its employees,
agents or representatives in the discharge of its or their professional responsibilities to a resident under this agreement.
VII. Discrimination
Consultant will comply with all laws
regarding discrimination on the basis of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or
activity in a local commission, disability or age.
VIII. Confidentiality
Consultant agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable
state and federal laws relating to data privacy or confidentiality. Contractor will immediately report to the HRA any requests from third parties for information relating to this Agreement,
or the services provided hereunder. The HRA agrees to promptly respond to inquiries from the Consultant concerning data requests. All data created, collected, received stored, used,
maintained or disseminated by Consultant in performing its obligations is subject to the requirements of the Act, and Consultant must comply with the requirements of the Act as if Contractor
was a government entity. Any information regarding residents, clients, and the business of the HRA is considered confidential and must not be shared outside of the context of the service
rendered or amongst residents living in Parkview Villa.
IX. Consultant Obligations
Provide barbering and/or beautician services to any male or female resident of Parkview Villa requesting
same, upon a schedule or regular business hours sufficient to handle such requests.
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specific services to include but not limited to: shampoos, shampoo sets, haircuts, permanents, rinses, hair coloring, styling, etc. The barber and
beautician services authorized by this agreement do not include other cosmetology services such as manicures, pedicures, facials, massages or any other services that beautify the skin
or nails. (Consultant will not be required to provide services to a resident whose account with Consultant is in arrears, if applicable).
B. Limit said treatment solely to residents
of Parkview Villa and conduct no other business on the premises for other individuals.
C. Furnish all supplies, tools, and items not otherwise provided by the HRA hereunder, necessary
to conduct such operation in a professional manner, at Consultant's sole expense, specifically: shampoo, rinse/conditioner, hair rinse or colors, permanent solutions, curlers, curling
irons, blow dryers, brushes, combs, clips, cleaning solutions and supplies.
D. Post at all times, in a conspicuous place, Consultant's current charges for various services offered.
Any change in charges must be pre-approved by the HRA.
E. Comply in all aspects with standards and requirements of applicable State authority as to practices, procedures and conditions
of the operation of barber/beauty shops.
F. Arrange for qualified substitute personnel to maintain continuous operation in the event the Consultant is unavailable to operate shop on
a regular basis, due to vacation, sickness, leave of absence or otherwise until Consultant's return.
G. Follow State and Federal Resident Rights, State and Federal regulations related
to infection control, MN Vulnerable Adult Law, and Parkview Villa Policies and Procedures.
H. Sanitize all equipment (curlers, combs, brushes, etc.) after each such use in an approved
disinfecting solution. As well as the laundering of any towels or linens used in conjunction of rendered services.
I. Maintain the work area, work station and supply storage areas
in a clean and orderly manner at all times.
J. Consultant will be held accountable and responsible for damages incurred to the HRA’s property and/or equipment as a result of willful/malicious
conduct with the intent to damage or damage incurred as a result of Consultant's negligent conduct.
K. Consultant shall be solely responsible for the preparation of billing statements
and collection of funds due from residents or clients for professional services rendered. The HRA shall not be responsible for any uncollectible accounts.
L. Consultant's commerce
to be limited to only customary barber/beauty services as outlined herein along limited retail sale of hair products. Consultant will not engage in any other business, trade or practice
nor conduct marketing or sales for any other business, trade or practice while on the HRA’s site.
M. Consultant may market barber/beauty services that are offered by Consultant to the
Parkview Villa residents. All marketing materials, communications, etc. will be produced and distributed at
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Consultant's expense. Marketing materials as well as means of distribution must be approved by the HRA prior to commencement of any marketing activities.
O. Stri
ctly comply with the HRA’s non-smoking policy at Parkview Villa.
X. HRA Obligations
A. Space for Services
The HRA agrees to provide Consultant with a designated space within Parkview
Villa to adequately fulfill Consultant’s obligations to provide barber and beautician services under this agreement. The HRA shall also provide necessary heating, air conditioning,
water and electrical supply. The HRA also agrees to provide Consultant with the fixtures, items of equipment, and furnishings described in the attached Exhibit "A".
B. Supplies
The
HRA agrees to provide housekeeping services (floor care), maintenance services and office services (photocopying, faxes, etc.) within the space provided to Consultant for .
C. Maintenance
The
HRA shall maintain designated space, fixtures and furnishings in good repair and working order, and provide necessary janitorial work. Consultant shall promptly report to the HRA any
equipment or fixtures that are in need of repair.
XI. Term of Agreement
1. This agreement will commence on the ___ day of ________________, 2013, and shall be in existence for a period
of one year from and after the commencement date. Thereafter, this agreement will automatically renew on each anniversary date unless terminated by either party hereto.
2. This agreement
may be terminated, at any time, by either party upon a written 30-day notice to the other party.
3. This agreement may be terminated immediately by the HRA upon written notice to the
Consultant in the event the health or safety of any resident of Parkview Villa deemed to be at risk.
XII. Delegation/Assignment
Neither party hereto shall delegate responsibilities
nor assign rights acquired hereunder without the prior written approval of the other party.
XIII. Amendments
No amendments may be made to this agreement except in writing and executed
in the same manner as this agreement.
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XIV. Notices
Any notice or demand authorized or required under this Agreement shall be in writing and shall be sent by certified mail to the other
party as follows:
To Consultant: To the HRA:
___________________
___________________
___________________
___________________
___________________
___________________
HOUSING
AND REDEVELOPMENT
AUTHORITY OF COLUMBIA HEIGHTS
By: ____________________________ By: ____________________________
Its: ____________________________ Its: ____________________________
Date:
__________________________ Date: __________________________
CONSULTANT
By: ____________________________
Its: ____________________________
Date: __________________________
Exhibit
A
Fixtures, items of equipment, furnishings located in the barber/beauty shop at Parkview Villa that are the property of the HRA include the following:
Quantity Description
2 Each Chair
with Hairdryer attached
1 Each Beauty Chair
It is agreed between the undersigned that the equipment described above is the property of HRA.
HOUSING AND REDEVELOPMENT
AUTHORITY
OF COLUMBIA HEIGHTS
By: ____________________________ By: ____________________________
Its: ____________________________ Its: ____________________________
Date: __________________________ Date:
__________________________
CONSULTANT
____________________________
Date: __________________________
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Diehm stated the next regular meeting is scheduled for Tuesday, April 23rd, 2013.
The meeting was adjourned at 6:45 pm.
Respectfully submitted,
Sheila
Cartney
Acting Secretary