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
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CHAIRPERSON
SECRETARY
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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.
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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.
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Sincerely,
Melodee A. Melin
Manager
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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
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•
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
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Tenant
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HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE
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