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HomeMy WebLinkAbout2007-01-16 - Minutes - ArchiveMINUTES OF THE JANUARY 16, 2007 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., January 16, 2007, in the City Administration Building, Room 326, Fayetteville, AR Betty Turner, Chairperson called the meeting to order at approximately 8:00 a.m. Commissioners Present: Betty Turner, Deborah Olsen and Mark Kinion Commissioners Absent: Richard Royal Others Present: Fredia Sawin and Laura Higgins (Fayetteville Housing Authority) Old Business A. Update of Seven Hills $150,000 Permanent Supportive Housing Grant Proposal - Ms. Sawin explained that she is waiting for the Seven Hills board to get back to • the Housing Authority with more information on the grant. Quadel is waiting for an overall look at exactly what this grant entails before preceding to make sure it would benefit the agency. Once Ms. Sawin receives this information from Seven Hills, she will pass it on to Quadel for their review. B. Further Discussion of Preference for Homeless Individuals and Families as Requested in Reference to the Violence Against Women Act -Ms. Sawin suggested that this can probably be removed from "Old Business" as resolutions have now been completed and will be voted on during this meeting. As for the preference this discussion can be brought back up after the supportive housing is built and the board agreed to take it off of the agenda. New Business A. Approval of Minutes of Previous Regular Meeting -Ms. Olsen motioned to accept the December 18, 2006 Minutes, seconded by Mr. Kinion and carried unanimously. B. Approval of December 2006 Financial Statements -Ms. Olsen motioned to accept the December 2006 Financial Statements, seconded by Mr. Kinion and carried unanimously. C. Schedule of Interview Process for Board Opening and Date of Special Meeting to Elect New Board Member -A special meeting needs to be scheduled for the board to get together to interview the applicants. Meeting was scheduled for Friday, • January 19, 2007 at 4:00 p.m. with the Special Meeting being conducted directly following the interviews to vote. Ms. Sawin will contact Mr. Royal and also set is up the meeting room with City Hall either in Room 326 or Room 111. D. Approval of Resolution No. 783 Adopting Guidelines for the Violence Against Women Act in the Section 8 Housing Choice Voucher Program -Motion was made by Mr. Kinion to accept Resolution No. 783, seconded by Ms. Olsen and carried unanimously. E. Approval of Resolution No. 784 Adopting Guidelines for the Violence Against Women Act in the Public Housing Program -Motion was made by Mr. Kinion to accept Resolution No. 784, seconded by Ms. Olsen and carried unanimously. F. Executive Directors Report -Ms. Sawin reviewed her written report. There being no further business, meeting was adjourned. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS L*�j CHAIRPERSON SECRETARY 0 FAYETTEVILLE HOUSING AUTHORITY #1 North School Ave._ Fayetteville, AR 72701-5928 PH: (479)521-3850 FAX: (479)442-6771 EXECUTIVE DIRECTOR'S REPORT 1. Quadel Consulting group has drafted a letter giving their overview of the issues relating to the Fayetteville Housing Authority's opportunity to develop 28 new construction units including 8 supportive housing units on the vacant piece of land adjacent to Morgan Manor. This letter will be in your board meeting packet and discussed at that time. 2. Public Housing has 4 vacancies, 1 at Willow Heights, 2 at Lewis Plaza, 0 at Hillcrest Towers, and 1 at Morgan Manor. The Section 8 Program is full. The Shelter Plus Care Program has 6 participants and the • Disaster Voucher Program has 6 participants. 3. The Hillcrest Towers tenants have finally gotten a computer learning lab, which is located in the library area. The new Hillcrest Towers Community Center Director (Nancy Harris) is computer "savvy" and has taken an interest in teaching a computer class. She has received lots of response and enthusiasm from those tenants who are eager to learn. is n U December 17, 2006 Redia Sawin Executive Director Fayetteville Housing Authority #1 North School Avenue Fayetteville AR 72701 Dear Fredia, The purpose of this letter is to provide an overview of the issues as we see them related to FHA's opportunity to develop 28 new construction units including 8 supportive housing units on a site that the Housing Authority already owns. This is what we know at this point. The request that FHA consider such a development project has come from Seven Hills, which has a grant from HUD of $150,000 that will be recaptured unless committed to a project. You also have indicated that the grant requires a match of non - HUD funds. Before advising you definitively on the best course of action, it would be necessary to know the exact terms and conditions of the grant and the obligations associated with accepting it for this type of project. I know that you also have had a conversation with someone on the staff of the ADFA about resources available from them in addition to tax credits and you are endeavoring to help us learn more. • You requested in your Task Order our assistance in developing an RFP for a developer to undertake this project with the Authority. We agreed that step one was to define the project scope in at least a rough fashion by asking your architect to determine what could be built on the land adjacent to the existing public housing property, Morgan Manor. (The scope and size of the proposed project determines whether the project would be of sufficient size to attract developer interest.). Your architect's assessment was that the site would accommodate 7 four -unit buildings with associated parking and a community space of 4,000 square feet. He estimated a construction cost of $1,473,600. (He does not indicate the square footage of the new units.) Paul Rowe reviewed the preliminary information you provided and determined the rough scope of the project as follows: Assume Total Development Cost approx $2.1 million (factoring soft costs) 4% credits $1,073,623 debt $689,040 LIHTC $342,480 gap 9% credits $1,607,760 $497,383 debttgap Our assessment is that this project would be too small to attract much if any developer interest, unless • experienced nonprofit developers could be induced to respond. The state housing finance agency might be http`Itwebmail.moregti.nettsrr/download.php?startMessage=1&passed_id=8&mailbox=INBOX&passed_ent id=2 Y able to supply a list of the nonprofit developers who have a track record developing projects in the state. • Another alternative would be to use a general contractor and for the Authority to act as the developer. To be the developer, FHA would have to bear the pre -development costs such as preparation of the tax credit application, market study, and feasibility analysis required to support the application. You would likely also have some legal expenses very early on. As the developer, you would have to bear these up -front costs ur til you could recover them at closing. You would also have to develop a plan for covering the financing gap and any unforeseen contingency costs. ADFA's deadline for a tax credit application is in February, so it would be a challenge to prepare a good ,application in time considering the number of unknowns. HUD is, as I understand it, encouraging the use of Capital Fund Financing as a source. This would require you to pledge a portion (not to exceed one-third of your Capital Fund monies as security for a loan.) The capital needs of your public housing sites would then have to be funded. from the remainder for the period that the Capital Funds are obligated. The main issues for the Board to consider are: Is this the kind of project that FHA had in mind for expanding the role of FHA as a housing provider in the community? Or is it a diversion? Is: the incentive of the $150,000 grant sufficient to cause you to choose this project over others that you might commit your limited resources to? It amounts to less than 8% of the projected total development cost. What are the terms and conditions of the grant and the required match? If you provide supportive housing units, how will the supportive services be provided and paid for over time? • If you choose to go forward, what other opportunities might be foreclosed? • If not this, what kind of project might attract a developer? [One idea Paul Rowe and I discussed is finding a developer who would provide 8 supportive housing units as part of a package deal to redevelop your elderly high rise site thereby addressing this problem, providing you with new elderly housing units and solving the fagade and elevator issues. A package like that would likely attract developer interest.] If the decision is to go forward with the 28 -unit plan and no nonprofit developer can be found to take it forward for you, then we will work with you and your architect to put together a bid package for you and advise on the procurement process for a general contractor. If the decision is to re -think the approach and consider other options then we will assist the Board with moving in another direction. htjp://webmail.moregti.net/srddownload.php?startMessage=l &passed_id=8&mailbox=INBOX&passed_ent_id=2 • I will be on leave from 12/18 -January 2, but you can feel free to call me on my cell phone (703) 407-1864 or e-mail me. n LJ n U Sincerely, Melodee A. Melin Manager http:/twebmail.moregti.net/srcldownload.php?startMessage=l &passed_id=8&mailbox=INBOX&passed_ent_id=2 RESOLUTION NO. 783 • RESOLUTION ADOPTING GUIDELINES FOR THE VIOLENCE AGAINST WOMEN ACT IN THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM WHEREAS, the Housing Authority of the City of Fayetteville operates its Section 8 Housing Choice Voucher Program within the guidelines set forth by the Department of Housing and Urban Development, and therefore the Administrative Policy needs to be updated to reflect changes due to the Violence Against Women Act. WHEREAS, the following will be added in the Administrative Plan of the Housing Authority of the City of Fayetteville under Section 2.9 "Other Criteria for Admissions"; No applicant for the HCV program who has been a victim of domestic violence, dating violence, or stalking shall be denied admission into the program if they are otherwise qualified. WHEREAS, the following will be added in the Administrative Plan of the Housing Authority of the City of Fayetteville under Chapter 15, "Lease Violations"; An incident or incidents or actual or threatened domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not be good cause for terminating the assistance, tenancy or occupancy rights of • the victim of such violence. The PHA may terminate the assistance to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others without terminating the assistance or evicting victimized lawful occupants. The PHA may honor court orders regarding the rights of access or control of the property, and other orders issued to protect the victim an disused to address the distribution or possession or property among household members where the family "breaks up." There is no limitation on the ability of the PHA to terminate assistance for other good cause unrelated to the incident or incidents of domestic violence, dating violence or stalking, other than the victim may not be subject to a "more de- manding standard" than non -victims. There is no prohibition on the PHA terminating assistance if it `can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant's (victim's) assistance is not terminated. is • Any protections provided by law which gives greater protection to the victim are not superceded by these provisions. The PHA may require certification by the victim of victim status on such forms as the PHA and/or HUD shall prescribe or approve. WHEREAS, the following will be added in the Administrative Plan of the Housing Authority of the City of Fayetteville under GL -3 "Glossary of Terms used in Subsidized Housing"; Domestic Violence -(as defined in Section 40002 of VAWA 1994) which states as follows: SEC 40002(a)(6) -"DOMESTIC VIOLENCE -The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction." Dating Violence -(as defined in Section 40002 of VAWA 1994) which states as follows: • SEC40002(a)(8)-"DATING VIOLENCE -The term "dating violence" means violence committed by a person- (a)who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b)where the existence of such a relationship shall be determined based on a consideration of the following factors: (i)The length of the relationship. (ii)The type of relationship. (iii)The frequency of interaction between the persons involved in the relationship. Stalking — means — (a) (i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; and (ii) to place under surveillance with the. intent to kill, injure, harass or intimidate another person; and (b)in the course of, or as a result of, such following, pursuit, surveillance or re- peatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to - (i) that person; (ii) a member of the immediate family of that person; or (iii) the spouse or intimate partner of that person;...." • Immediate Family Member — "means, with respect to a person- i (a)a spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in loco parentis; or • (b)any other person living in the household of that person and related to that person by blood or marriage." THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of Fayetteville, Arkansas that the above policy be adopted into the Section 8 Housing Choice Voucher Administrative Plan effective January 1, 2007. PASSED AND APPROVED THIS_ DAY OF 2007. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRPERSON ATTEST: • SECRETARY 0 M • RESOLUTION NO # 784 RESOLUTION ADOPTING GUIDELINES FOR THE VIOLENCE AGAINST WOMEN ACT IN THE PUBLIC HOUSING PROGRAM WHEREAS, the Housing Authority of the City of Fayetteville operates its Public Housing Program within the guidelines set forth by the Department of Housing and Urban Development, and therefore the Admission and Continued Occupancy Policy needs to be updated to reflect changes due to the Violence Against Women Act. WHEREAS, the following will be added in the Admission and Continued Occupancy Policy (ACCOP) of the City of Fayetteville section 4.1 relating to tenant selection and assignment No applicant for public housing who has been a victim of domestic violence, dating violence, or stalking shall be denied admission into the program if they are otherwise qualified. • WHEREAS, the following will be added in the Admission and Continued Occupancy Policy section 13-I relating to lease termination is amended by adding the following: An incident or incidents or actual or threatened violence, domestic violence, dating violence, stalking will not be construed as a serious or repeated violation of the lease by victim or threatened victim of violence, and shall not be good cause for terminating the tenancy, or occupancy rights of the victim of such violence. The PHA may terminate the assistance to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family member or others without terminating the assistance or evicting victimized lawful occupants. The PHA may honor court orders regarding the rights of access or control of the property, and other orders issued to protect the victim and disused to address the distribution or possession or property among household members where the family "breaks up." There is no limitation on the ability of the PHA to evict for other good cause unrelated to the incident or into the incident or incidents of domestic violence, dating violence, stalking, other than the victim may not be subject to a "more -demanding standard" than non -victims. 0 • There is no prohibition of the PHA evicting if it "can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that Tenant's (victim) tenancy is not terminated. Any protections provided by law which give greater protection to the victim are not superceded by these provisions. The PHA may require certification by the victim of victim status on such forms the PHA and/or HUD shall prescribe or approve. WHEREAS, the following will be added in the Admissions and Continued Occupancy Policy of the City of Fayetteville under GL -1 Glossary Domestic Violence -(as defined in section 40002 of VAWA 1994) which states as follows: SEC 40002(a) (6) - DOMESTIC VIOLENCE -The term domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with who the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of jurisdiction • Dating Violence -(as defined in section 40002 of VAWA 1994) which states as follows: SEC 4002(a) (8) - DATING VIOLENCE -The term `dating violence' means violence committed by a person - (A) who is or has been in a social relationship of a romantic or intimate nature with the victim and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship (ii) the type of relationship (iii) the frequency of interaction between the person involved in the relationship 0 • 3. Stalking-"means- (A)(i) to follow, pursue, or repeatedly commit acts with the intent to, injure, harass or intimidate another person; and (ii) to place under surveillance with the intent to kill, injure, harass or intimidate another person and (B) in the course of, or as result of, such following, pursuit, surveillance or repeatedly committed acts, to place a person in reasonable fear of death of, or serious bodily injury to, or to cause substantial emotional harm to -(i) that person (ii) a member of the immediate family of that person or (iii) the spouse or intimate partner of that person Immediate Family Member -"means, with respect to a person -(a) a spouse, parent, brother, sister, or child of that person, or individual to whom that person stands in loco parentis;or (b) any other person living in the household of that person and related to that person by blood or marriage." THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of Fayetteville, Arkansas that the above policy and the Dwelling Lease addendum to be adopted into the Public Housing Admissions and Continued Occupancy Policy • PASSED AND APPROVED THIS DAY OF ATTEST: SECRETARY 0 2007. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS CHAIRPERSON HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE • DWELLING LEASE ADDENDUM If a member of the tenant's household or their guest or other person under their control engages in criminal activity directly relating to domestic violence, dating violence, or stalking, such conduct shall not be cause for termination of the lease or occupancy rights, of the victim, if the tenant or an immediate member of the tenant's family is the victim or threatened victim of domestic violence, dating violence or stalking. One or more incident of actual or. threatened domestic violence, dating violence or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not be good cause for terminating the assistance, tenancy or occupancy right of the victim of such violence. Nothing it this lease revision prohibits the PHA from evicting the member of the household who has engaged in actual or threatened actions of domestic violence, dating violence or stalking. A resident who claims as a defense to an eviction action that the eviction action is brought because of criminal activity directly relating to domestic violence, dating violence or stalking, must provide a written certification in a form provided by the PHA or substantially similar thereto, that they are a victim of domestic violence, dating • violence, or stalking, and the incident or incidents which are subject of the eviction notice are bona fide incidents of actual or threatened abuse. This written certification must be provided within fourteen days after the PHA request the certification in writing, which may be the date of the termination of lease letter. It may also be the date of any other written communication from the PHA stating that the tenant is subject to eviction due to the incident which the tenant then wishes to allege was a bona fide instance of actual or threatened abuse. The certification requirement may be complied with by completing the certification form which is available from the PHA office. Information provided in the certification form shall be retained in confidence, shall not be entered into a shared data base, and shall not be provided to a related entity unless the tenant consents in writing, the information is required for use in eviction proceedings, or its use is otherwise required by law. The PHA may bifurcate the lease, in order to evict, remove or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others, without eviction, removing terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant. The PHA may evict a tenant for violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant's household, provided that the PHA does not subject an individual who is or has been victim of domestic • violence, dating violence, sexual assault or stalking to a more demanding standard that other tenants in determining whether to evict or terminate. A victim tenant who allows a perpetrator to violate a court order relating to the act or acts of violence is subject to eviction. A victim tenant who allows a perpetrator who has been barred from PHA property to come onto PHA property, including but not limited to the victim's apartment and any other area under their control, is subject to eviction. The PHA may terminate the tenancy of any tenant if the public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the PHA if that tenant's tenancy is not terminated and None of these provisions shall be construed to supersede any provision of any Federal, State or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking. IN WITNESS WHERE OF THE parties have executed this addendum to the lease agreement this of 200 U Tenant CI HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE M