HomeMy WebLinkAbout2016-1213 VLHA Meeting MinutesVail Local Housing Authority 12/13/2016
Minutes
Vail Local Housing Authority (VLHA)
December 13, 2016 at 3:00 PM
Attending the meeting were members: Molly Murphy
Scott Ashburn
Steve Lindstrom
James Wilkins
Mary McDougal
Town staff attending the meeting: George Ruther
Lynne Campbell
A quorum of VLHA Members being present, the meeting was called to order at 3:10 PM.
I. Vail Local Housing Authority (the Board) discussed Town Council’s Deed
Restriction concerns addressed at the December 6, 2016 Council meeting.
Bullet points on page two of the December 6, 2016 memo were reviewed.
A business entity or corporation shall not be eligible for ownership of a
dwelling unit.
George Ruther clarified the intent, if created the entity at the end will not own
unit, entity gets fast pass during lotteries. Organization needs to decide. The
Board wants a more transparent system with large businesses understanding
what they are being charged in the process. Lindstrom questioned why and entity
would want the responsibility. Murphy stated VVMC didn’t want to be in the real
estate business and Wilkins wondered what happens if the employee is no
longer employed with the entity. Board agreed the unit can not be held in trust,
permanent individual ownership only.
Ruther recommended sticking with the restriction as is, board agreed.
A maximum resale price shall be established based upon the Annual Area
Median Income for Eagle County or similar wage adjusted index.
Wilkins stated it tracts income. We want to get away from CPI. It’s not tracking
CPI. Per Ruther the notion behind pricing was to keep buyer from being prisoner
to the system with the goal of program to broaden system to break trap.
Vail Local Housing Authority 12/13/2016
Dwelling units shall be subject to a Right of First Refusal granted to the
Town of Vail.
The Board reviewed how the right of first refusal will operate. Lindstrom noted
the first right of refusal didn’t seem to be nay sayer with Council. The
guidelines states right of first refusal after foreclosure if not used EHU goes
away however, the Arosa deed restriction will survive foreclosure. Arosa
owners cannot refinance.
McDougal stated the Town has option to cure – different from what the Employee
Housing Unit (EHU) Guidelines state and suggested Chamonix restrictions
should match existing guidelines. Banks rely on TOV EHU guidelines. Credibility
could be questioned if guidelines don’t match. There should be a right of first
refusal.
Questions regarding which restriction guideline would be used if legal issues
arise (foreclosure). Restrictions say after foreclosure it would be better to give
Town right of refusal before legal action. Per Ruther if legal action occurs, the Town should step in prior to any action giving time to rearrange pieces to correct any issues. Reset as needed.
Lindstrom asked if the Town could send notification of 1st right of refusal. Ruther
said the Town would attempt to notify. Per Wilkins a savvy investor could step in to buy which would save time per
McDougall. In conclusion Ruther will have right of first refusal conversation Matt Mire, Town Attorney.
An owner of a dwelling unit shall not own other residential real estate
within Eagle County, Colorado at the time of closing. An owner may,
however, own residential real estate in Eagle County, Colorado provided
said real estate is deed restricted for housing, subject to Town of Vail
approval, at the time of closing.
Counsel woman Jenn Bruno had an issue with this. It appears Bruno sees
housing for low income buyers versus affordability.
Vail Local Housing Authority 12/13/2016
General consensus is as long as buyer doesn’t own property in Eagle County, is
willing to deed restrict their existing home, meets the deed restrictions and
qualifies the buyer can purchase at Chamonix.
Ruther noted the recommendation objective is availability in Eagle County not
the outside real estate market and trying to solve Eagle County housing
problem. If buyer has a Life style change they shouldn’t be penalized. It goes
back to the objective. If need is to address Eagle County housing why do we
care if they own something outside the county?
Lindstrom suggested the Board members speak up at the December 29, 2016
council meeting.
Mary has prior engagement and won’t be able to attend.
The first, second, fourth, fifth, sixth, and seventh bullets are fine, Board had no
issues.
II. Lottery Buyer Selection
Intent behind a non weighted lottery is to prevent social engineering.
To qualify for the lottery buyers will exhibit qualified income or loan and
demonstrate quality deed replacement and acknowledge terms of purchase and
sale. The lottery will take all units and randomly pull names for units. A
participant can put name in as few or many of hats as they want as long as they
qualify financially. One unit equals one chance, brings lottery back to level
playing field for next drawing.
Drawing for each unit the names will be added to the list for a unit. If the
applicant accepts the drawn unit their name will be removed for any other units.
A list of drawn buyers will be add to a list in the order of selection. Once buyer
has said yes to a unit and they have put their name other unit drawings it will be
removed from all other drawings. In case the winner of the unit pulls out of the
contract the next drawn name will have option of accepting the unit..
Additional lottery options were proposed.
• Pick all names and order. Then the list picks unit in order of 1-400 applicants
• Start with most expensive/largest unit and work down the list
• Drawing all names then buyer decides 1st and 2nd choice
Vail Local Housing Authority 12/13/2016
• Draw 6 names for each of the 32 units
• Have two different draws for 2 & 3 bedrooms
Ruther mentioned the goal is to keep as simple as possible. Have selection
preference on unit. Tell us unit you want to buy if you get it you buy it. If you want
3 bedroom the units occur in multiple locations. Having a pure lottery goes back
to objective. Town wants a pool as large as possible. The lottery process has
stagnated, want to avoid status quo of a weighted.
Ruther questioned if complying with deed restriction what’s the purpose of
weighted lottery?
Board members stated the lottery is about the work force community, bringing
young families back to Vail and different demographics. If lottery remains
weighted many don’t have a chance to buy.
The board agreed to the lottery buyer selection.
The Town will hold a pretend lottery to get feel for how it will work and work out
kinks.
Board members questioned how the Town will know if a buyer truly qualifies. Can
part of the prequalification require a down payment or can the Town ask from
where the down payment is coming? Wilkins and McDougall responded no.
Even after a prequalification letter is written things can change for the potential
buyer.
Ruther stated the gap from lottery to closing will be short. Basically the buyer
needs to come prepared knowing what they can afford.
All agreed.
Discussion of how much property taxes and HOA fees will be. Wilkins estimate
taxes to be between $1200-$1400 annually. Michael O’Connor with Triumph is
using $25-300/month as the HOA estimate.
The next Council is Tuesday, December 20th. Ruther believes there will be one
more meeting before direction given and VLHA will move forward.
Vail Local Housing Authority 12/13/2016
Lindstrom wants Board to be present at December 20th council meeting to
comment on the Roost (Marriott Inn Residences).
Ruther believes Council woman Langmaid to speak about caring capacity and
speak to height and utilities. Group is concerned about density increase, changes
political order. Get people to attend Council meeting and help Council
understand.
Next the Board discussed next steps regarding deed restricted acquisition of a
Matterhorn Inn Condominium unit. Since a fire at the complex and lack of
insurance coverage Mr. Fuentes is seeking assistance from VLHA. He appears
to be the only owner underwater.
The Board discussed options and if the Town should purchased the unit for deed
restricted housing. VLHA is not willing to participate at a complex level.
Murphy departed at 4:45pm
Next meeting finance director Kathleen Halloran to discuss 2017 budget.
Board agreed to keep 2017 VLHA meetings on the 2nd and 4th Tuesdays of each
month, 3-5PM. Lynne Campbell to share schedule upon completion.
Housing Strategic Plan completed and hard copy out to VLHA Board.
Meeting adjourned.
Respectfully Submitted,
Lynne Campbell
Housing Coordinator
INTRODUCED, READ, ADOPTED AND APPROVED this 24th day of January,
2017.