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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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,
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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)
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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
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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
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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
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office in Dallas, Texas;
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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
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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