7/25/02, 7:45 A.M.

Pursuant to the e-mail notification dated July 16, 2002, the July Heartland Apartment Association Board of Directors meeting was held at the above stated date and time at the offices of Oddo Development Co., 8460 Nieman Road, Overland Park, KS.

Board members present were: Ken Riedemann, Brent Blake, Jerry Miller, Doug Price, Lee Harris, Rick Oddo, Ralph Lewis, Ron Nolan, and Chris Erdley. Also present were: Jim Beverlin, Bob Wise, Jim Adams, Wilson Winn, Hank Adamson, and Sam Alpert. (Bill Charcut, Ward Katz, , and Nick Moos were absent.)

Jerry Miller called the meeting to order and introductions were made.

The minutes of the last meeting on 06/27/02, which had been previously circulated, were reviewed and approved by those present.

There was a discussion of the cumulative impact of Johnson County Storm Water and Waste Water user fees. Sam Alpert requested individual property samplings of impervious surface area and rentable square footage ratios to be compared to single family residences for purposes of establishing inequities in the assessment of Overland Park Storm Water Utility fees. Simultaneous to addressing this issue with Overland Park, it is intended to demonstrate to the Board of Tax Appeals that the Storm Water Utility user fee contributes significantly to a devaluation of income producing properties.

Sam Alpert reported on current legislative activities (see attached) including: 

KCMO Elevators – Wilson Winn, the chief elevator inspector with the KCMO Department of Codes Administration briefed those present on the city’s intent to offer both state and local inspections. He indicated that it would be the city’s plan to offer owners the opportunity, but not a requirement, to have a state inspection conducted by the city inspector when the city elevator inspection is performed at no additional cost. A number of those in attendance voiced concern that while they appreciated the city’s efforts to resolve the dual inspection regime problem, an unintended result could be to increase an owner’s liability exposure. It was suggested that until the state Elevator Safety Board determines Kansas City’s code standards to be at least equal to those of Missouri, maintaining a system by which the city continues to inspect only to the city standards (not offering to perform the state inspection) is still preferable. From the owners’ perspective, it is better if the city simply refuses to recognize the need for inspection to a different standard.

Johnson County Waste Water- Sam Alpert reported that the proposed water consumption based system of assessing waste water operations and maintenance charges may be the fairest way to proceed. However, the unknown extent of additional administrative charges created by a proposed third party billing system (exclusive of Johnson County Waste Water and Water District No. 1) leaves a great deal of uncertainty with respect to the need for future rate increases. There is still a need to provide the Johnson County Waste Water District with actual per unit water consumption amounts so as to be on record should a rate increase be proposed.

Johnson County Property Tax Increase- Sam Alpert reported that barring any organized opposition to a proposed one mill property tax increase (for purposes of acquiring new parkland), the measure will be passed by the Board of County Commissioners at its regularly scheduled meeting on August 22nd when final budget recommendations will be finally considered. In order to encourage a significant letter writing campaign, Alpert circulated a draft opposition letter along with the addresses of the County Commissioners.

HUD / FHEO- Sam Alpert renewed his request for case histories that would demonstrate the abuses of HUD’s Fair Housing enforcement regime. Only a couple of responses had been received to date, and it is important that the HAA be able to demonstrate just how far reaching this problem continues to be.

Chris Erdley reported that the KCMO City Council Operations Committee had finally passed the increased Street Closing fee structure on July 24th . Notwithstanding the “St. Josephication of Kansas City”, Erdley noted that the real estate community’s organized opposition ultimately tempered the final outcome.

The next regularly scheduled meeting of the HAA Board of Directors is to be held on Thursday, August 29, 2002, 7:45 a.m. at the offices of Oddo Development Co., 8460 Nieman Road, Overland Park, KS.

There being no further business to come before the Board of Directors, the meeting was adjourned at approximately 9:45 a.m.