Loading...
HomeMy WebLinkAbout1974-02-14 - Minutes - ArchiveWAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby accept notice of this SPECIAL meeting, waiving any and all irregularities in the service of notice and do hereby consent and agree that the Commissioners of the Housing Authority of Fayetteville, Arkansas shall meet at their regular meeting place at 8:30 o'clock a.m., on the 14th day of February, 1974 for the following purposes: 1. Roll Call. 2. Resolution No. 140 Adopting Grievance Procedure Through A Hearing Panel. 3. Resolution No. 141 Increasing The Amount Of Security Deposits. 4. Resolution No. 142 Modifying Personnel Policy At To Travel Allowances. 5. Resolution No. 143 Establishing Policy For Capitalization Of Property For Financial Control Purposes. 6. Resolution No. 144 Approving Trip to Dallas For Scrutiny Of Plan Proposal By Others. 7. Examination Of Plans For The Redevelopment Of The Square With UPC In Attendance. 8. Examination And Becision COncerning Proposals And Redevelopment Of Property On East Center Street. 104 d, 46 .d.et /,Sa►i /we i MINUTES OF SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas met in Special Session at 8:30 o'clock a.m., on Thursday, February 14, 1974, in the office -of the Authority, #1 North School Avenue, Fayetteville, Arkansas. Mr. WHillock, Chairman, called the meeting to order. On roll call the following members were present: Messrs: Commissioners Whillock, Gould, Morgan, Clinton and Underwood Absent: None Others: Robert Dugan, David Faught, Bromo Wilson, Mayor Purdy, Delbert Allen, Don Grimes, David McWethy, Fred Walton, Al Heminghouse, Frank Rooter from UPC and representatives from Legal Women Voters. The Chairman ordered that the following Waiver and Consent be spread upon the minutes: WAIVER OF NOTICE AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby accept notice of this SPECIAL meeting, waiving any and all irregularities in the service of notice and do hereby consent and agree that the Commissioners of the Housing Authority of Fayetteville, Arkansas shall meet at their regular meeting place at 8:30 o'clock a.m., on the 14th day of February, 1974 for the following purposes: 1. Roll Call. 2. Resolution No. 140 Adopting Grievance Procedure Through A Hearing Panel. 3. Resolution No. 141 Increasing The Amount of Security Deposits. 4. Resolution No. 142 Modifying Personnel Policy As To Travel Allowances. -2- 5. Resolution No. 143 Establishing Policy For Capitalization Of Property For Financial Control Purposes. 6. Resolution No. 144 Approving Trip To Dallas For Scrutiny Of Plan Proposal By Others. 7. Examination Of Plans For The Redevelopment Of The Square With UPC In Attendance. 8. Examination And Decision Concerning Proposals AncRe- development Of Property On East Center Street. /g/ J.W. Gould /s/ W.L. Underwood /s/ Sherman Morgan /s/ Carl S. Whillock /s/ Roy Clinton • Mr. Whillock introduced to the Board the new Commissioner to replace Mr. Ellis Shelton; Mr. WLL. Underwood. RESOLUTION NO. 140 RESOLUTION ADOPTING GRIEVANCE PROCEDURE THROUGH A HEARING PANEL Mr. Dugan reported that we have had in the past an inactive grievance panel. The original grievance procedure was passed by Resolution No. 75. Mr. Dugan asked that we go to a hearing panel with tenants, members of the Housing Authority and disinterested members. Motion was made by Mr. Gould and seconded by Mr. Morgan that Resolution No. 140 be accepted. AYES: NAPES: Whillock, Gould, Morgan, Clinton and Underwood None RESOLUTION NO. 141 RESOLUTION INCREASING THE AMOUNT OF SECURITY DEPOSITS Mr. Dugan reported that the problem we have now is inflation. The cost of living is higher and the amounts we now have set on deposits just isn't enough to cover the cost of labor or materials. It was suggested by Mr. Dugan that the amount of deposit for families be raised from $30.00 to $50.00 and that the amount for elderly people be raised from $20.00 to $25.00. Motion was made by Mr. Underwood and seconded by Mr. Morgan to accept • -B- the increases on the deposits and was carried unanimously. AYES: Whillock, Gould, Morgan, Clinton and Underwood NAYES: None RESOLUTION NO. 142 RESOLUTION MODIFYING PERSONNEL POLICY AS TO TRAVEL ALLOWANCES Mr. Dugan reported that since we are with Urban Renewal, HUD suggests that we go to mileage rate at $.10 per mile. Motion was made by Mr. Clinton and seconded by Mr. Morgan to accept Resolution No. 142, and carried unanimously. AYES: Whillock, Gould, Morgan, Clinton and Underwood NAPES: None RESOLUTION NO. 143 RESOLUTION ESTABLISHING POLICY FOR CAPITALIZATION OF PROPERTY FOR FINANCIAL CONTROL PURPOSES Mr. Dugan reported that if we buy equipment it has to be capitalized, and that we need to increase the amount to $50.00 to make it more feasiable. Motion was made by Mr. Clinton and seconded by Mr. Underwood and carried unanimously. AYES: NAYES: Whillock, Gould, Morgan, Clinton and Underwood None RESOLUTION NO. 144 RESOLUTION APPROVING TRIP TO DALLAS FOR SCRUTINY OF PLAN PROPOSAL BY OTHERS. There will be a meeting in Dallas relative to Dr. Melton and his development. Expenses have to be approved by a resolution and passed by the Board. Those attending the meeting are Mr. Dugan, Mr. Whillock and Mr. Gould. • Motion was made by Mr. Underwood and seconded by Mr. Morgan for these people to attend this meeting and carried unanimously. • L4 - AYES: Whillock, Gould, Morgan, Clinton and Underwood NAPES: NONE Mr. Dugan reported on the sale of the land relative to the parcel advertised on West Center Street. We had only one proposal made by First Federal Savings and Loan Company. Motion was made by Mr. Clinton that we accept the proposal of Tract C-3 and was seconded by Mr. Gould and carried unanimously. AYES: Whillock, Gould, Morgan, Clinton and Underwood NAPES: NONE Fred Walton, President of UPC, Al Heminghouse and Frank Rooter presented the plans for the downtown area. Frank Rooter showed some of the revisions of the plans. It is basically the same plan however. Al Heminghouse reported that the total estimated cost is now $620,000.00 and that the completion time on the plans would be more than six months but less than a year. • There being no further business, the meeting was adjourned. • APPROVED: ATTEST: OLP LiR RESOLUTION N0. 140 • RESOLUTION ADOPTING GRIEVANCE PROCEDURE THROUGH A HEARING PANEL WHEREAS, the Fayetteville Housing Authority has adopted by Resolution No. 75, dated 10/20/71, a grievance procedure based on hearings by an impartial hearing officer, and WHEREAS, this procedure has been essentially inactive due to the fact that no grievances have been presented, and WHEREAS, the method of hearing grievances (composed of two tenants, two Housing Authority one disinterested member) would appear to be in tenants and the Housing Authority; NOW THEREFORE BE IT RESOLVED THAT a hearing panel be established for the hearing of grievances(asshown in the attached exhibit D). PASSED AND APPROVED THIS J `i DAY OF / . , 1974. through a hearing panel representatives, and the best interest of the ATTEST: TkRI �Aafk THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS • 1 GRIEVANCE P ROCKDW1E 1. RIGHT TO TO A HEA1 UNG Upon filing of a written request as provided herein, a complainant shall be entitled to a hearing before the Impartial Hearing Official. 2. DETUNITlONS • • a. Compl_eina_nt is defined as any tenant (or applicant) whose rights, duties, welfare or status are or may be adversely affected by local housing authority action or failure to act and who files a grievance or complaint with the local housing authority with respect to such action or failure to act. b. Grievance or Complaint is defined as any dispute with respect to LHA action or failure to act in accordance with lease requirements, or any LHA action or failure to act involving interpretation or application of the LHA's regu— lations, policies or procedures which rffects the rights, duties, welfare or status of the complainant. PROCEDURE PRIOR TO A HEARING a. Any g-r_evanoe or complaint must be personally presented, if possible, to the LHA office or to the ;nanagement office of the project in which the complainant resides (or to which application for admission has been made) so that the grievance may be informally discussed and rattled without a hearing. The grievance or complaint must be signed by the complainant and filed in the office by him or his representative within a reasonable time, not in excess of /1/ days of the LHA action or failure to act which is the basis for the grievance. It may be simply stated, but shall specify: (1) the particular ground(s) upon which it is based; and (2) the action requested. A copy of the complaint shall be retained by the complainant and a copy should be filed with the project manager. All complaints and/or copies must be date—stamped at time of receipt by the LHA, b. An answer in writinz to each complaint, dated and signed by the project manager, or other appropriate official, shall be delivered or mailed to the complainant within a reasonable time (generally within five working days). A copy of the answer shall be filed with the complaint in the appropriate project office. The answer shall specify: 1. The proposed disposition of the complaint and the specific reasons therefor; 2. The right of the complainant to a hearing; and 3. The procedure by which a hearing may be obtained. • • • 0. If the complainant is dissatisfied vith the proposed disposition of his complaint, as stated in the project manager's or other LHA official's answer, he may submit a wribten request, to the LHA or project management office, for a hearing. This written request shall be made irithin a reasonable time of the date of the answer to his complaint (generally ten working days). The written request for a hearing must be date -stamped -and filed in the appropriate LHA or project management office along with the complaint and answer. The Hearing Official shall be advised promptly of the request by the appropriate LHA official; shall schedule the hearing as promptly as possible for a date, time and place reasonably convenient to the complainant; and shall inform the complainant thereof in writing. d. If the complainant does not recuest time period allowed in Subsection c right to the hear n.g, and the LHA's the grievance vill become final. T constitute a wai 'mer of the complain to contest the LHA's disposition of appropriate judicial proceeding, 4. SELECTIONS? MT IMPARTIAL HEARING OFFICIAL AND ALTERNATE e hearin within the above, he waives his proposed disposition of ^his shall not, however, ant's right thereafter his grievance in an Management will consult with the tenants in the selection of an Impartial Hearing Official and Alternate, to insure that the official; selected is in fact viewed as impartial in the eyes of thq tenants. ae The Impartial .Hearing Official and Alternate ee may not be an officer or an employee of the LEA or airy of its projects, rior a tenant of the LHA. b. The term of the Imparci.al Official and Alternate will be for a one-year period. c. The Impartial Hearing Official or his Alternate ill not hear any grievance issue of a relative. • d. For a period. of two'veers after adoption of the Grievance Procedure by the LHA, the LnA shall provide reasonable re- imbursement for out-of-pocket expenses for attendance at meetings by Panel members. . THE HEARING a. The parties shall beentitled to a fair hearing before the Hearing Official and may be rapes•eated by counsel or another person chosen as a representative. b. The hearintishall be private unless compla:i.rant requests and the Bearing Official agrees to a public hearing. This shall not be construed to limit the attendance of persons with a valid interest in the proceedings. • c. Complainant 1L " exatt1ne before the hearing and, at his expense, copy all documents, reco_ds and regulations of the LHA that are relevant to the hearing. Any document not made available, after request therefor by the com- plainant, may not be relied on by the LHA or the project management at the hearing. The complainant may request, in advance and at his expense, a transcript of the hearing. d. If the dispute is over the amount of rent or other charges which the local housing authority claims is due, the com- plainant shall deposit the amount in dispute in an escrow account pending settlement of the dispute by the Hearing Official. If the complainant fails to do so, the Official may determine that the complainant has valved his right to the Hearing. Such determination shall not constitute a waiver of complainants right to thereafter contest the local housing` authority's disposition of his grievance in an appropriate judicial prcceening. e. If a comnlairat fails to appear at a Hearing, the Official may postpone the Hearing for five working days, or may make a determination that the complainant has waived his right to the Hearing. Such a determination shall not constitute a waiver of complainant's right to thereafter contest the LHA' s disposition of his grievance in an appropriate judicial proceeding. f. At the hearing the complainant must mace a p --ma Facie case and then the burden of proof is on the LHA or project manage- ment to justify the action 01 inaction proposed by it in its answer to the complaint. The complainant may present evidence arsd arguments in support of his complaint, controvert evidence relied on by the LHA or project management, and confront and dross -examine all witnesses on whose testimony or information the LHA or project management relies. Hearings conducted by the Hearing Official shall be informal, and any oral or documentary evidence, as limited however, to the facts and issues raised by the complaint and answer, may be received by the Hearing Official without regard to whether that evidence would be admissable under rules of evidence employed in judicial proceedings. 6. DECISIONTS OF THE IMPARTIAL HEARING OFFICIAL a. The decision of the Hearing Official shall be based solely and exclusively upon facts presented at the hearing and upon applicable LHA and HUD regulations. To the extent that the decision is not inconsistent with State law, the United States Housing Act of 1937, as amended, HUD regulations and requirements promulgated thereunder, or the Annual Contri- butions Contract, and to the extent provided in subsection f below, the decis:.on of the Hearing Official shall be binding on the LHA. • art • b. I£ both oa ties agree to prepare a proposed decision to the Hearing Official; each party shall submit same to the Hearing Official for his consideration. c. The !Jeering Oafici l shall Ir -rare his written decis1oi. , including a statement of findings and conclusions; as well as the reasons or basis therefor, upon all material issues raised by the parties. This shall he done within a reasonable time after the date of the hearing. Copies thereof shall be mailed or delivered to the parties arrl/or their representatives. d. The wrjtten decision of the Hearin(, Official with all names and identifying references deleted, shall be mni ntained on file by the LHA and rade available for inspection by a pro- spective complainant or his representative. e. Any tudicial decision or related settlement pertaining to the decision of the Hearing Official shall also be maintained a on file by the LHA and made available for inspection. f. If the decision is in .favor of the conal. i_ aa]rt, the LHA shall promptly take all actions necessary to carry out such decision or refrain from any action prohibited by such decision unless the Board of Commissioners of the LHA de- termines and notifies the complainant in writing within 30 days that the Hearing Official has acted arbitrarily or exceeded its authority. In such event the Hearing Officials decision may to judicially reviewed. 7. APPEALS FROM THE HEAPING OFFICIAL'S DECISION A decision by the Hearing Official, waich is in favor of the LHA or project management and/or denies the complainant his requested relief in whole or in part, shall not constitute a waiver of, nor affect in any manner, whatever rights the complainant may have to trial de novo in jt;dicial proceedings which ray thereafter be brought in the matter. In such judicial proceedings, the LHA shall, by stipulation or other appropriate means, be limited to invoking against the complainant the grounds originally relied on by the LHA in its proposed disposition of the complaint or grievance. 8. NOTICE TO VACATE PHEMS 3 a. At the time of the private co^ferea.ce required by Low -Rant Housing Handbook RHH 7405.1, the Tenaat must be informed in writing of: (1) The specific reasons for the proposed eviction; and (2) 'his right to request a hearing upon the proposed eviction t•i.thin five working days from the date of the conference. 4r • b. If the Tenant has recipe:tcd a hear5.,.cz on the proposed eviction and tha Hearing Official by his decision upholds the LliA's or project management's proposal to evict, an action to regain possession may not be commenced until after the Tenant's ri gftb to use and'./or occupy the premises has been teminated by lawful notice. Such notice to vacate may not be given prior to the date on which the Hearing Official's decision upholding the proposed eviction is delivered or nailed to the Tenant, • c. When such notice to vacate is given to the Tenant, he must be informed in writing; that: (1) If he fails to emit the premises within three days, appropriate legal action (depcmdent on state law) will be brought against him; (2) If suit is brought against him, he may be required to pay Court costs and attorney fees incurred; If he chooses to contest the legal action, the LHA or project management must prove that the reasons upon which it originally relied constituted good cause for eviction under the applicable law, Talcs AM regulations. (3) • RESOLUTION NO. 141 RESOLUTION INCREASING THE AMOUNT OF SECURITY DEPOSITS WHEREAS, the Fayetteville Housing Authority has found the present schedule of security deposits too small to cover any repairs necessary in vacant apartments, and WHEREAS, it is felt that the tenants would adopt a little better attitude toward the preservation of our property; NOW THEREFORE BE IT RESOLVED THAT the Fayetteville Housing Authority increase its schedule of security deposits in the following manner: General Occupancy from $30.00 to $50.00 Elderly from $20.00 to $25.00 PASSED AND APPROVED THIS DAY OF Fd, , 1974. ATTEST': THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS (1c/2/7 SECRETARY • • RESOLUTION NO. 142 RESOLUTION MODIFYING PERSONNEL POLICY AS TO TRAVEL ALLOWANCES WHEREAS, the personnel policy for the Fayetteville Housing Authority, as adopted on 4/21/71, by Resolution No. 60, does not contain provisions for mileage payments other than a monthly figure of $35.00, and WHEREAS, the Department of Housing and Urban Development has made exceptions to this practice intheir last audit; NOW THEREFORE BE IT RESOLVED THAT the Fayetteville Housing Authority amend Secion 11, Travel, Paragraph D to read: °All authorized monthly local travel of the Executive Director and any staff members, authorized to use their personal car in the pursuit of the Authority's business shall be reimbursed at the rate of $.10 per mile". ALSO, BE IT RESOLVED THAT Section 11, Travel, Paragraph B, be added to with this reading: "If air transportation proves not the most economical way to travel outside the Housing Authority jursdiction, travel by private car will be allowed with mileage paid at the rate of $.10 per mile. PASSED AND APPROVED THIS I 4-I DAY OF f:Td, 1974. ATTEST: 1 C1JIAr • THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMAN RESOLUTION NO. 143 RESOLUTION ESTABLISHING POLICY FOR CAPITALIZATION OF PROPERTY FOR FINANCIAL CONTROL PURPOSES WHEREAS, Local Authorities are required to establish a policy for the capitalization of property for financial control purposes; and WHEREAS, all property purchased or constructed from funds borrowed or donated for the development of a project and all property donated for the development of a property shall be treated as capitalized property for the purposes of establishing the Property Ledger at the End of the Initial Operating Period; and WHEREAS, the cost of equipment purchased from operating receipts shall be recorded as expendable equipment chargeable to maintenance expense or as unexpendable equipment chargeable as a capital expenditure in accordance with the Local Authority's established policy, NOW THEREFORE BE IT RESOLVED THAT all items of equipment which cost more than $50.00 and have a useful life of more than one year shall be considered "nonexpendable" and be capitalized for budgetary and finan- cial control purposes, and that the criteria for the capitalization of expenditures as Property Betterments and/or Additions shall be in accord with Department of Housing and Urban Development policy set forth in the description of Account 7540, Property Betterments and Additions, in Chapter 3, Section 9, of Low -Rent Housing Accounting Handbook RHM 7510.1. This rescinds Recolution No. 12, dated 9/20/67. PASSED AND APPROVED THIS 1'1 Day of ATTEST: , i:)47 SECRETARY , 1974. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEILLE, ARKANSAS CHAIRMAN • RESOLUTION NO. 144 RESOLUTION APPROVING TRIP TO DALLAS FOR SCRUTINY OF PLAN PROPOSAL BY OTHERS WHEREAS, it seems in the best interest of the Fayetteville Housing Authority and the City of Fayetteville to check on the potential of the proposed downtown redevelopment plan other than the plan adopted by the Housing Authority, and; WHEREAS, the redevelopment people and plans are in the architect's • office in Dallas, Texas; • NOW THEREFORE BE IT RESOLVED THAT the Fayetteville Housing Authority approve expenses for two commissioners and the Executive Director to fly to Dallas to check on this proposal for redevelopment. PASSED AND APPROVED THIS /V-fi— DAY OF , 1974. ATTEST: OLD�Lr THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRMAN • • • RESOLUTION NO. 145 RESOLUTION ACCEPTING DEVELOPMENT PLAN AND AUTHORIZING EXECUTION OF CONTRACT FOR SALE OF LAND IN PROJECT ARK. R-105 WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, has advertised for development proposals on certain project lands; and WHEREAS, said proposals were received by the Authority until 10 A.M. of February 11, 1974; and WHEREAS, said proposals have been reviewed by the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. The redevelopment proposal submitted by First Federal Savings & Loan is found to be in conformance with the offering documents and is hereby accepted. 2. The Chairman and Secretary are hereby authorized and instructed to execute a Contract for Sale of Land with said developer for Tract C-3 in Project Ark. R-105. PASSED and APPROVED this /q c. day of ATTEST: 1 Secretary APPROVED: v�•G- , 1974 Chairman