HomeMy WebLinkAboutHousing Catalyst - Minutes - 03/25/2004FORT COLLINS HOUSING AUTHORITY BOARD OF COMMISSIONERS
Minutes of the Regular Meeting of the Fort Collins Housing Authority
1715 West Mountain Avenue, Fort Collins Colorado
March 25, 2004
** ** ** ** **
Commissioners Present
Robert Steiner
Steve Fortier
Thomas Honn
Mary Greeley
Mike Sollenberger
L CALL TO ORDER
Commissioners Absent
Patrick Brady
Sharianne Daily
Marty Tharp
Mary Davis
Staff Present Guest
Julie Brewen None
Carol Duhaime
Jim Martell
Chairperson Robert Steiner called the regular meeting of the Fort Collins Housing Authority to order at
7:38 am.
11. CITIZEN INPUT
There was no citizen input.
III. APPROVAL OF MINUTES
The Board reviewed the minutes from the February 26, 2004 regular meeting of the Fort Collins Housing
Authority. Commissioner Sollenberger made a motion, seconded by Commissioner Honn to approve the
minutes of the February 26, 2004 meeting. This motion was passed unanimously.
IV. OLD BUSINESS
Fort Collins Housing Corporation Properties Ownership:
Commissioner Horn made a motion to go into executive session pursuant to CRS §24-6-402 (4) (b) for
the purpose of receiving legal advice on specific legal questions raise by the refinancing of some of the
Fort Collins Housing Authority's existing debt. Commissioner Sollenberger seconded this motion. This
motion was passed unanimously. Executive session entered at 8:05. Commissioner Horn made a motion,
seconded by Commissioner Sollenberger to end the executive session. Executive session ended at 8:51.
This motion was passed unanimously.
Corporation Vacancy Rates and Sleepv Willow Rehab:
Ms. Brewen discussed the vacancy rates at Sleepy Willow stating the overall vacancy rate for the
Corporation is not bad until Sleepy Willow's 30% is added in. Ms. Brewen also stated that staff believes
the reasons for the high vacancies at Sleepy Willow include the historic reputation of the complex as well
as some updates needed. Staff has applied for a rehab grant through the City. The City of Fort Collins has
also committed to contributing between $150,000 to $215,000 to be used for Colorado Division of
Housing's Tenant Based Rental Assistance Pilot Program, which should help the vacancy problem.
Tenant Based Rental Assistance Pilot Program:
Ms. Brewen gave a brief update and stated staff is preparing a proposal of local contribution for the
Colorado Division of Housing for the TBRA pilot program.
V. NEW BUSINESS
2003 Fourth Ouarter Financial Statements:
This item was tabled until the April 22, 2004 meeting.
VI. LEGISLATIVE ISSUES
International Building Code:
Michelle Jacobs, Home Builders Association gave a presentation to the Board.
City of Fort Collins Rental Licensing_
This item was tabled until the April 22, 2004 meeting in order to get an update from Commissioner
Tharp.
VII. ADJOURNMENT
Chairperson Steiner adjourned the regular meeting of the Fort Collins Housing Authority Board at 9:10
a.m. The next meeting will be held on April 22, 2004.
2%9=
12004.
Robert Steine , Chairperson
FoT7
lins H Authority
Julie ewen, Ex be D' ctor / Secretary
Fort Co Tins Housing Authority
LAW OFFICES
BALLARD SPAHR ANDREWS be INGERSOLL, LLP
1225 I7TH STREET, SUITE 2300
DENVER. COLORADO B0202-SS96
303-292-2400
FAX: 303-296-3956
LAWYERSOBALLARDSPAHR.COM
March 29, 2004
Board of Commissioners
Fort Collins Housing Authority
1715 West Mountain Avenue
Fort Collins, Colorado 80521
Re: Executive Session
Regular Meeting
March 25, 2004
Ladies and Gentlemen:
PHILADELPHIA, PA
BALTIMORE, MD
CAMDEN, NJ
SALT LAKE CITY, UT
VOORHEES. NJ
WASHINGTON, DC
This firm represents the Fort Collins Housing Authority (the "Authority") and the
Ft. Collins Housing Corporation (the "Corporation") as bond counsel in connection with the
issuance of taxable and tax-exempt obligations for the purpose of financing or refinancing
housing activities undertaken by the Authority or by the Corporation on behalf of the Authority.
On Thursday, March 25, 2004, at a regular meeting of the board of commissioners
(the 'Board") of the Authority, the Board went into executive session for the purpose of
receiving legal advice from me by telephone regarding certain matters relating to the tax
treatment for federal income tax purposes of interest on certain outstanding loans of the
Authority or the Corporation.
Present during the executive session, as reported to me, were members of the
Board and of the board of directors of the Corporation and the Executive Director of the
Authority, who is also an officer of the Corporation.
Section 24-6-402(4)(b), Colorado Revised Statutes, as amended, provides that a
"local public body," including the Authority, may upon (1) the announcement by the local public
body to the public of the topic for discussion in an executive session, including specific citation
to the above -cited statute and identification of the particular matter to be discussed in as much
detail as possible without compromising the purpose for which the executive session is
authorized and (2) the affirmative vote of at least two-thirds of the quorum of the governing body
present at a regular or special meeting, hold an executive session for the purpose of holding
CO_DOCS_A #142333 v1
"[c]onferences with an attorney for the local public body for the purpose of receiving legal
advice on specific legal questions."
Assuming that the two numbered conditions stated above were satisfied prior to
placement of the telephone call to me and that the Board did not continue in executive session
for any other purpose, including adoption of any proposed policy, position, resolution, rule,
regulation or formal action, after the conclusion of the telephone call to me, it is our opinion that
the Board was authorized to hold an executive session for the sole purpose served by the
telephone call to me. It is further our opinion that all or a portion of the discussion during the
telephone call to me in executive session constituted a privileged attorney -client communication,
that the executive session need not have been recorded in the manner and to the extent provided
in Section 24-6-402(2)(d.5)(II)(A), Colorado Revised Statutes, as amended, and that no portion
of the record of the executive session is subject to public inspection or discovery in any
administrative or judicial proceeding, except upon the consent of the Authority and except as
provided in the Section 24-6-402(2)(d.5)(II)(C) or Section 24-72-204(5.5), Colorado Revised
Statutes, as amended.
Very truly yours,
4_L
CO_DOCS_A #142333 v1 2