Open Meetings Act compliance, Remote meetings, South Shore equity pilot, Modular 2-flats
Good morning, I’ll be live-tweeting the Chicago Housing Trust Board of Directors meeting for @CHIdocumenters.
This meeting is being held virtually and can be joined at this link: https://us06web.zoom.us/j/3121211006?pwd=cFRXTmVHMWJPZmQ5UmxDOVh4cHFwUT09. #ChiDocumenters
09:28 AM Aug 4, 2022 CDT
I am joining in late, as the meeting began at 9am, so will try to recover as much info as possible!
They are speaking now about the open meeting agenda and traditional remote participation.
Peter Friedman is saying that typically, a quorum must be physically present, but during the pandemic “an open meeting may be conducted by audio or video conference, without the physical presence of quorum” in certain situations.
Friedman says, it is no longer allowable to have a virtual meeting just for “sheer convenience.” They are returning to pre-pandemic procedures.
He adds there are other bodies around the state not complying with this, and continuing to have virtual meetings for convenience.
Friedman is saying someone in the state is going to go too far and there will be a complaint to the AG’s office. The default is to have physical meetings now.
Liz Butler makes the point that the Zoning Board of Appeals is still doing virtual meetings. Friedman responds that as a public body, they should be moving to physical meetings.
Calvin Holmes asks if meetings could continue to be virtual if they codified this. Friedman says they couldn’t have a “blanket rule,” and would have to comply with the Open Meetings Act.
William W. Towns now asking - what if the city moves to a medium/high rating of covid or puts in monkeypox precautions? Friedman says those standards hold for covid, not monkeypox as there is no disaster declaration yet.
Friedman reminds, virtually: meetings must be recorded, and all must be roll call votes.
Friedman actually talking about the agenda now. Must have an item on the agenda in order to approve and vote on it.
Anthony Simpkins asking about updating documents and whether this is considered a “meeting” under the Open Meetings Act (OMA). If there is a majority quorum, that’s a meeting, Friedman says.
Simpkins asks another question - any exceptions for conversations with an attorney? Friedman says there are provisions for closed meetings, but “this is the danger.” If a majority of a quorum is having a meeting without notice (e.g. an online conversation)…
…then having an attorney there doesn’t prevent this meeting from being subject to the Open Meetings Act.
Joy Aruguete encouraging them to keep moving and hold comments. Acknowledges that this is the big thing on the agenda.
Friedman says the bylaw was recently revised, and they must allow public participation/public comment in their meetings.
He says you do not need to record your public meetings, unless you are operating virtually. But, someone from the public can come in and record them. (This will be the change with returning to in-person).
OMA training is required by the AG’s Office. “It’s very easy, you will all pass,” he says. If you violate the OMA it’s a Class C misdemeanor, according to Friedman’s slide, which could result in a $1,500 fine and imprisonment for up to 30 days.
There are provisions for closed sessions, but there must be a motion made in open session (requires a roll call vote, and a reason for moving to closed session - the statue provides these reasons). Once you’re in closed session, Friedman says you can only discuss these matters.
Closed sessions are allowed, but they should be handled “very carefully,” Friedman says.
Calvin Holmes asks for a copy of the PP presentation. Friedman is muted, but nods in affirmation.
Holmes says if a body had been meeting and has not been complying with OMA, should they do anything retroactively. Friedman says they should course correct, and if there’s something like bonds (e.g. financial), they could submit an [amendment?] - missed this word.
Aruguete says it’s “unlikely they’ll come into 100% compliance immediately.”
Anthony Simpkins says that public participation goes up with virtual participation, because it provides better access. Calvin Holmes affirms, and adds childcare.
Friedman says the General Assembly would have make the change to virtual and “pushes back hard” on anything that seems less open. But he adds, “I agree completely” but there are some villages and cities who feel there is something to all being at village hall, with the public.
“The world changed, so we’ll see how much the legislature changes with it,” he says.
Calvin Holmes suggests a separate lane or talking to the press association. Do you think we’d have any traction with the press association?
Friedman says he would actually start with someone in the General Assembly - they’re hearing this from many public bodies around the state. There are a bunch of bills, but none of them appear to be going anywhere, he says.
Joy Aruguete says this will be the first of many conversations as they figure out “how to come into compliance,” and thanks people for their participation.
Aruguete says it’s the board’s job to create committees, they are suggesting the creation of a standing Governance Committee: https://t.co/NIODBVhUlH
Voting. Someone notes that they should probably start the roll call vote this meeting. They restart, this time with roll call. Passes.
Moving to the next item: the Finance Committee Report, with Calvin Holmes.
Holmes says the audit was clean. They are $60,000 “in the black,” largely due to a grant from GSN. Holmes says they are not in a position to hire an additional staff person, however another team is adding a person.
They will be receiving additional funds from US bank. Notes they should end the year in good shape. Motion from the finance committee, now voting with roll call. Redoing the vote due to a change. Done (passes).
Moving to the next item on the agenda: Nyasha Nyamapfene now presenting the Homeowner Resources & Marketing Report. They are planning two rounds of the “opt-in rollout.” The final milestone before they launch is completing the online application.
They have sent out a survey to the homeowners, are trying to incorporate their feedback. Shifting to bylaws review: they are anticipating a trigger in the portfolio, to include 1/3 of members as homeowners.
Motioning now. Roll call vote done (passes). Saying they don’t want to encourage voluntary roll-offs.
Next item on the agenda: William W. Towns presenting the Projects and Policy Report. Looking at a successful partnership with Logan Square’s new community land trust: at 3617 W Cortland. Here’s the article: https://blockclubchicago.org/2022/07/28/this-couple-bought-an-affordable-home-near-the-bloomingdale-trail-thanks-to-logan-squares-new-community-land-trust/
Towns saying they are planning to review the bylaws at the Sept. meeting. He is now talking about their “modular 2-flats.” Says the people working on these homes just have to show up.
This project is run by inherent 13c and it’s been so successful that private developers are trying to get in on it, Towns says.
Towns now noting the 4 lots acquired by the land trust at $5k each. Missed the exact address, but they are located between Marquette Rd and 67th St.
Last item on the agenda: Jennie Fronczak presenting the Executive Director Report. Going over demographics, the diversity of homeowners has increased a lot over the years.
Fronczak saying units should be assessed at 25% (not entirely sure what in reference too). Joel Xavi Rodarte congratulates her on getting 2 affordable housing bills passed in the city.
Calvin Holmes mentions the shared equity pilot program and South Shore. The program is not set up to provide “direct subsidies to unit owners,” he says. It’s for HOAs and housing coops, and may move to other neighborhoods as well. https://www.chicago.gov/city/en/depts/doh/provdrs/homeowners/news/2022/april/the-chicago-department-of-housing-announces-south-shore-condo-co.html
Meeting adjourned at 11:01am. This concludes the Chicago Housing Trust Board of Directors meeting. For more meeting coverage, check out http://documenters.org.