HomeMy WebLinkAbout2006-03-21 - Minutes - ArchiveMINUTES OF THE MARCH 21, 2006 REGULAR MEETING OF THE HOUSING
AUTHORITY OF
THE CITY OF FAYETTEVILLE, ARKANSAS
The Housing Authority of the City of Fayetteville, Arkansas met in Regular Session at
8:00 a.m., March 21, 2006, in the City Administration Building, Room 326, Fayetteville,
AR.
Robin Ross, Chairperson called the meeting to order at approximately 8:00 a.m.
Commissioners Present:
Commissioners Absent:
Others Present:
Old Business
Betty Turner, Janet Richardson, Robin Ross,
Deborah Olsen and Richard Royal
None
Fredia Sawin, Laura Higgins (Fayetteville Housing Auth.)
and Hugh Ernest (Seven Hills Project Manager)
A. Discussion of Recommendations From Quadel Consulting Group Concerning the
Comprehensive Housing Needs Plan -The board reviewed the recommendations as
given by Quadel Consulting Group on March 15, 2006. The board agreed that
they did a professional job and much was learned. The board outlined the
following steps which include finishing the development of the nonprofit, (Ms.
Sawin will contact Mr. Crouch to check on the status of the non-profit), talk with
others and educate the community, use other people's expertise and develop an ad
hoc committee or advisory council. Also, the steps need to include a strong
relationship with the City of Fayetteville. Dr. Ross suggested that doing a RFP
for an hourly housing consultant to assist when there are questions that need to be
answered. Mr. Royal motioned to provide a draft of the RFP for housing
consultation for the board to review before submission or voting, seconded by Ms.
Olsen and carried unanimously. Dr. Ross requested that a target date be set for
one year from now and that a timeline be divided out as to what needs to be done.
Dr. Ross will think about how the ad hoc committee can be formed and email the
other board members with her ideas. Ms. Olsen then motioned that a target date
be set for March 2007, seconded by Ms. Richardson and carried unanimously.
B. Mr. Hugh Emest, Seven Hills Project Manager gave his presentation on possibly
partnering with the Fayetteville Housing Authority. Mr. Ernest discussed the idea
of the Housing Authority providing matching funds of $150,000.00 to help build
an additional eight units of transitional housing and set up a collaborative working
agreement to manage this site. The problem is that Seven Hills needs the
$150,000.00 in real cash according to Charles Blevins from HUD. The board
agreed that there needs to be some thought and time taken on this idea before
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making any kind of decision. Mr. Ernest requested a special meeting with Ms.
Sawin and HUD to discuss possible ways to make this partnership work and the
board agreed to this request. Mr. Ernest also invited Ms. Sawin to the Seven Hills
board meeting being conducted on March 29, 2006 to make sure there is no
misunderstanding in communication. Dr. Ross then suggested a special meeting
be set up to vote on this issue at a later time.
New Business
A. Approval of Minutes of Previous Regular Meeting -Ms. Richardson requested that
on the second page under Section F. to add to the minutes that the maintenance
supervisor should show in his maintenance plan what actually applies such as the
use of the company vehicle. Motion was made by Ms. Olsen to accept the
February 21, 2006 Minutes with this addition, seconded by Ms. Richardson and
carried unanimously.
In other new business Dr. Ross requested that Ms. Sawin fax, email or regular
mail what funds have been obligated for the next five years per the Housing
Authority's agency plan.
B. Approval of February 2006 Financial Statements -There being no questions
motion was made by Mr. Royal to accept the February 2006 Financial Statements,
seconded Ms. Olsen and carried unanimously.
C. Approval of Resolution #767 -Approving Settlement Agreement between the
Fayetteville Housing Authority and ADEQ (Arkansas Department of
Enviromental Quality) -Ms Sawin explained that this is the settlement agreement
that Mr. Crouch negotiated for the un -permitted incinerator at the Hillcrest
Towers building. Ms. Olsen motioned to accepted Resolution #767, seconded by
Ms. Turner and carried unanimously.
D. Executive Directors Report -Ms Sawin reviewed her written report and explained
that the REAC inspectors had completed their annual Inspection and given
Morgan Manor a passing score, but had given Willow Heights, Lewis Plaza and
Hillcrest Towers a failing score. Ms. Sawin is disputing this and working with
Johnny Wooley at HUD to assist in raising these scores up. All programs are full
and the FEMA program will end and be taken over by another agency by March
31, 2006.
There being no further business, meeting was adjourned.
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, ARKANSAS
11)
C airperson
ATTEST:
Afila
Secretary
• FAYETTEVILLE HOUSING AUTHORITY
#1 North School Ave.
Fayetteville, AR 72701-5928
PH: (479)521-3850 FAX: (479)442-6771
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EXECUTIVE DIRECTOR'S REPORT
March 16th, 2006
1. HUD REAC Inspectors came to complete their annual inspection
of our Public Housing units on March 1st and 2nd, 2006. Morgan
Manor has a passing score of 64. The same is not true for our
97-1 Development, Hillcrest Towers - Willow Heights & Lewis
Plaza It received a failing score of 55. We are in the process
of disputing both scores. We were told by the REAC Inspector
that if we had current contracts involving any of the failed items,
that:they were disputable and could be removed. Mr. Johnny
Wooley, with HUD, called us and directed us, as to the proper
procedure for this dispute. We will keep you in updated as to
what happens.
2. Public Housing has 2 vacancies, 2 at Willow Heights, 0 at Lewis
Plaza, 0 at Hillcrest Towers, and 0 at Morgan Manor. The
Section 8 Program is full. The ADEMA/FEMA KARE program
has 145 participants.
3. The FEMA Hurricane Relief program will be ending this month.
We will send out our last Rent and Utility payments next week.
Fema has contracted with another agency to continue with
the program.
4. On today's date, Mr. Crouch sent me a letter from the ADEQ
concerning the Hillcrest Towers incinerator issue The
advised settlement cost is $1,500. I will be mailing out
an updated Agenda, adding this resolution for Board
Approval along with the papers explaining the action.
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RESOLUTION NO. /62
RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN
THE FAYETTEVILLE HOUSING AUTHORITY AND ADEQ (ARKANSAS
DEPARTMENT OF ENVIROMENTAL QUALITY)
Whereas, ADEQ (ARKANSAS DEPARTMENT OF ENVIROMENTAL QUALITY)
has issued a Consent Administrative Order (CAO) pursuant to the authority of the
Arkansas Water and Air Pollution Control Act, ACT 472 of 1949, to bring forth a
settlement agreementin relation to the Hillcrest Towers incinerator.
Whereas, on November 22, 2004 and ADEQ inspector performed an investigation as
to the operation of an incinerator located at #1 North School Ave. in the Hillcrest
Towers building. This determination concluded, that due to the incinerator being
unpermitted, the Fayetteville Housing Authority was considered in violation of Section
8-4-310 of the Code and Section 18.301 of Regulation 18.
Whereas, the Fayetteville Housing Authority, after learning of this Code violation,
conducted a study of its available options and made the decision to dismantle the
incinerator and render it inoperable. A decision was then made for trash from the facility
to be collected and hauled away for disposal.
Whereas, the Fayetteville Housing Authority neither admitting nor denying the factual
and legal allegations contained in this CAO, and ADEQ do hereby agree and stipulate
that the CAO addresses all violations set forth in the Findings and in compromise
and full settlement for instances of the violations of law and regulation specified in the
Finding of Fact, the Fayetteville Housing Authority, by approval of this resolution,
agrees to pay a monetary settlement in the amount of $1,500.00.
Whereas, the Fayetteville Housing Authority's attorney, Mr. James Crouch has
acknowledged reviewing this CAO and is advising the Fayetteville Housing Authority's
Board of Commissioners to approve this settlement agreement
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Whereas, the Settlement amount approved is $
PASSED AND APPROVED THIS 1.' DAY OF M Mtk , 2006.
ATTEST:
SECRETARY
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, AR
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CYPERT, CROUCH, CLARK & I3ARWELL
Courtney C. Crouch (1912-1975)
James E. Crouch
William M. Clark, Jr.
Charles L. Harwell
Marcus W. Van Pell'
LL.M. in Agricultural Law
ATTORNEYS AT LAW
III HOLCOMB STREET
P.O. Box 1400
SPRINGDALE, ARKANSAS 72765-1400
TELEPHONE (479) 751-5222
TELECOI'IER (479) 751-5777
ccchlaw@sbcglobal.nct
March 15, 2006
Fredia Sawin
Fayetteville Housing Authority
#1 North School
Fayetteville, AR 72701
Re: ADEQ Matter
Dear Fredia:
Senior Counsel
James D. Cypert
R. Jeffrey Reynerson
Chris R. Reed t
Kimberly A. Cordas 0
Tina M. Hodne t
t LL.M. in Taxation
0 Licensed in AR, FL and OH
t Licensed in AR and MO
t O!fil
Enclosed please find a letter that I received from Dennis Griesse
with the Arkansas Department of Environmental Quality. This letter
encloses a proposed revised consent administrative order dealing
with the matter of the incinerator on Hillcrest Towers property.
The sum and substance is that ADEQ is willing to accept $1500 in
full satisfaction of any penalties and fines associated with the
alleged unpermitted incinerator. This is payable within thirty
days from the effective date of the CAO. The CAO will not be final
until and unless there has been a thirty day public notice.
You will note that there is language in paragraphs 3, 4, 5 and 6
dealing with all submissions required by this CAO and deficiencies
in the submissions and penalties. I perceive this to be standard,
broiler plate language that really does not apply in .the
circumstances. As far as I can tell, there is no other order in
this making you comply with any particular order, except paying the
money.
Please submit this to the Board for their approval and if you get
their approval, then please sign this as Executive Director on
behalf of the Fayetteville Housing Authority (I have added after
the signature line "Housing Authority" to make it clear that this
is the Housing Authority as opposed.to the City of Fayetteville.
JEC/rt
Sincerely,
CYPERT, CROUCH, CLARK & HARWELL
James E. Crouch
• ADEQ
• ARKANSAS
Department of Environmental Quality
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March 9, 2006
James E. Crouch
Attorney at Law
PO Box 1400
Springdale, AR 72765
RE: Hillcrest Towers Proposed Revised Consent Administrative Order (CAO)
AFIN: 72-01077
This will also reference recent correspondence and telephone contacts regarding this matter.
Enclosed is a revised CAO to address recent negotiations. I trust this CAO will reflect those
matters discussed.
If you agree to the terms of this CAO, please have a responsible facility officer sign in the space
provided at the end of the document and retum the original to me at the Department letterhead
address. When the Director of the Arkansas Department of Environmental Quality has signed
the CAO, a copy will be sent to you for your files. Please be advised you have a reasonable time
from your receipt of this letter to respond and thereby preserve your nght to resolve this matter
under the terms of this CAO. Failure to timely respond will result in the withdrawal of this
CAO. Because we feel the enclosed CAO will meet with your approval, this is being sent by
ordinary rather than certified mail.
If you have any questions concerning this letter, please contact me at 479.927.3257 (15).
Sincerely, //
Dennis Griesse
Enforcement Administrator, Air Division
cc: Deborah Pitts, ADEQ Legal Division
AIR DIVISION - Enforcement Branch
8001 NATIONAL DRIVE/ POST OFFICE BOX 8913/LITTLE ROCK, ARKANSAS 72219-8913
TELEPHONE 501-682-0729/FAX 501-682-0059
www.adeq.state.ar.us
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF:
AFIN: 72-01077
HILLCREST TOWERS, CITY OF FAYETTEVILLE ARKANSAS HOUSING AUTHORITY
NUMBER 1 NORTH SCfIOOL AVENUE
FAYETTEVILLE, ARKANSAS 72701
CONSENT ADMINISTRATIVE ORDER
This Consent Administrative Order (' CAO") is issued pursuant to the authority of the Arkansas
Water and Air Pollution Control Act, Act 472 of 1949, as amended (the "Act"), codified at
A.C.A. §8-4-101 et sec . (the "Code"), Arkansas Pollution Control and Ecology Commission
Regulation Number 8, and Arkansas Pollution Control and Ecology Commission Regulation
• Number 18 (Regulation 18).
The issues herein having been settled by agreement of HILLCREST TOWERS, CITY OF
FAYETTEVILLE ARKANSAS ("HT") and the Director of the Arkansas Department of
Environmental Quality ("ADEQ"), it is hereby agreed and stipulated that the following
FINDINGS OF FACT and ORDER AND AGREEMENT be entered herein.
FINDINGS OF FACT
1. HT owns and operates a public housing complex in Fayetteville, Washington County,
Arkansas.
2. In response to a citizen complaint concerning odor from an incinerator on the HT
premises received on November 22, 2004, ADEQ staff on the same date conducted a site
investigation. In the course of this investigation, the Executive Director of the Fayetteville
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Housing Authority related to the ADEQ District 2 Air Inspector that a Leavesley Industries
Model FWA-300 incinerator has been used since 1972 for waste incineration at the complex.
Residents are instructed to drop waste to the incinerator for disposal via disposal chutes located
on each of the twelve floors above the unit.
3. A.C.A. §8-4-310, in part, provides:
(a) It shall be unlawful and constitute a misdemeanor:
(2) To construct, install, use, or operate any source capable of emitting air
contaminants without having first obtained a permit to do so, if required by
the regulations of the commission
4. Section 18.301 of Regulation 18 provides:
No person shall cause or permit the operation, construction, or
modification of a stationary source, which actually emits:
40 tons per year or more of carbon monoxide;
25 tons per year or more of nitrogen oxides;
25 tons per year or more of sulfur dioxide;
25 tons per year or more of volatile organic compounds;
15 tons per year or more of particulate matter;
10 tons per year or more of PMIo;
0.5 tons per year or more of lead;
1.0 ton per year or more of any single hazardous air pollutant;
3.0 tons per year or more of any combination of hazardous air
pollutants; or
25 tons per year or more of any other air contaminant
without first obtaining a permit from the Department.
5. During the course of the site investigation, the air inspector was told that this
incinerator operates continuously. ADEQ records show that this incinerator has never been
permitted. In operating this unpermitted incinerator, HT is in violation of Section 8-4-310 of
the Code and Section 18.301 of Regulation 18.
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6. Shortly after ADEQ gave HT preliminary written notice of these violations of law and
regulation, and that formal enforcement action was being Initiated to address the violations, HT
conducted a study of its available options and made the decision to dismantle the incinerator and
render it inoperable. A decision was then made for trash from the facility to be collected and
hauled away for disposal.
ORDER AND AGREEMENT
WHEREFORE, HT, neither admitting nor denying the factual and legal allegations contained in
this CAO, and ADEQ do hereby agree and stipulate as follows:
1. This CAO address all violations set forth in the above FINDINGS OF' FACT.
2. In compromise and full settlement for instances of the violations of law and regulation
specified in the FINDINGS OF FACT, HT agrees to pay a monetary settlement amount of
• ONE THOUSAND, FIVE HUNDRED DOLLARS (51,500.00). The total amount shall be
made payable to the Arkansas Department of Environmental Quality and mailed to:
Fiscal Division, ADEQ
P.O. Box 8913
Little Rock, Arkansas 72219-8913.
Unless otherwise notified, in writing, by ADEQ, HT shall pay the settlement amount within
thirty (30) days after the effective date of this CAO.
3. All submissions required by this CAO are subject to approval by ADEQ. In the event of
any deficiency, HT shall, within fifteen (15) days of notification by ADEQ, submit any
additional information requested. Failure to adequately respond to the notice of deficiency
within fifteen (15) days constitutes a failure to meet a deadline and is subject to the civil
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penalties established in the following Paragraph.
4. Failure to meet the limits, requirements, or deadlines of this CAO or the approved
schedules provided for herein constitutes a violation of said CAO. If HT should fail to meet any
such limits, requirements, or deadlines, HT consents and agrees to pay, on demand, to ADEQ
civil penalties according to the following schedule:
(a) First day through the tenth day:
(b) Eleventh day through the twentieth day:
(c) Twenty-first day through the thirtieth day:
(d) Each day beyond the thirtieth day:
$500 per day
$1000 per day
$1500 per day
$2000 per day
Stipulated penalties shall be paid within thirty (30) days of receipt of ADEQ'S demand to HT for
such penalties. These stipulated penalties may be imposed for delay in scheduled performance
and shall be in addition to any other remedies or sanctions which may be available to ADEQ by
reason of HT'S failure to comply with the requirements of this CAO ADEQ reserves its rights
to collect other penalties and fines pursuant to its enforcement authority in lieu of the stipulated
penalties set forth above; provided, however, that under no circumstances shall ADEQ be
entitled to double recovery of penalties or fines under this CAO and pursuant to its enforcement
authority.
5. If any event, including, but not limited to, an occurrence of nature, causes or may cause a
delay in the achievement of compliance by HT with the requirements or deadlines of this CAO,
HT shall so notify ADEQ, in writing, as soon as reasonably possible after it is apparent that a
delay will result, but in no case after the due dates have passed. The notification shall describe in
detail the anticipated length of the delay, the precise cause of the delay, the measures being taken
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and to be taken to minimize the delay, and the timetable by which those measures will be
implemented.
6. ADEQ may grant an extension of any provision of this CAO, provided that HT requests
such an extension in writing and provided that the delay or anticipated delay has or will be
caused by circumstances beyond the control of and without the fault of HT. The time for
performance may be extended for a reasonable period, but in no event longer than the period of
delay resulting from such circumstances. The burden of proving that any delay is caused by
circumstances beyond the control of and without the fault of HT and the length of the delay
attributable to such circumstances shall rest with HT. Failure to notify ADEQ promptly, as
provided in the previous Paragraph of the ORDER AND AGREEMENT, shall be grounds for a
dental of an extension.
7. This CAO is subject to public review and comment in accordance with A.C.A. §8-4-
103(d) and is, therefore, not final until thirty (30) days after public notice of the CAO is given.
ADEQ retains the right and discretion to rescind this CAO based on comments received within
the thirty -day public comment period.
8. As provided by Arkansas Pollution Control and Ecology Commission Regulation
Number 8, this matter is subject to being reopened upon Commission initiative or in the event a
petition to set aside this CAO is granted by the Commission.
9. Nothing contained in this CAO shall relieve HT of any obligations imposed by any other
applicable local, state, or federal laws, nor, except as specifically provided herein, shall this CAO
be deemed in any way to relieve HT of responsibilities contained in the permit.
10. Nothing in this CAO shall be construed as a waiver by ADEQ of its enforcement
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authority over alleged violations not specifically addressed herein. In addition, this CAO does
not exonerate HT from any past, present, or future conduct which is not expressly addressed
herein, nor does it relieve HT of the responsibilities for obtaining any necessary permits.
11. This CAO shall apply to and be binding upon ADEQ and upon HT, their successors and
assigns. Any changes in ownership or corporate status of HT, including, but not limited to, any
transfer of shares, assets or other real or personal property, shall in no way alter HT'S obligations
under this CAO.
12. Each of the undersigned representatives of the parties certifies that he or she is authorized
to execute this CAO and to legally bind that party to its terms and conditions.
SO ORDERED THIS
DAY OF , 2006
MARCUS C. DEVINE, DIRECTOR
ARKANSAS DEPARTMENT OF
ENVIRONMENTAL QUALITY
APPROVED AS TO FORM AND CONTENT:
HILLCREST TOWERS, CITY OF FAYETTEVILLE ARKANSAS HOUSING AUTHORITY
BY: (Signature)
(Typed or printed name)
TITLE:
DATE:
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