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HomeMy WebLinkAboutHousing Catalyst - Minutes - 12/16/1998E.i December 16,1998 BOARD OF COMMISSIONERS OF THE FORT COLLINS HOUSING AUTHORITY A meeting of the Board of Commissioners of the Fort Collins Housing Authority was held on Wednesday, December 16, 1998, at 1:00 a.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Commissioners: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Minutes Approved Commissioner Bertschy made a motion, seconded by Commissioner Wanner, to approve the minutes of the regular meeting of November 17, 1998 and the adjourned meetings of November 10, 1998, November 24, 1998, and December 1, 1998. The vote on the motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. THE MOTION CARRIED. Resolution No. 4 Authorizing the Payment of Attorneys' Fees Incurred for the Defense of Rochelle Ste hens in Civil Action No. 97-K-1995 Adopted. The following is staff s memorandum on this item. "Executive Summary This Resolution would authorize payment ofa portion ofthe attorneys' fees payable for the defense of Rochelle Stephens in Civil Action No. 97-K-1995. BACKGROUND: Executive Director Rochelle Stephens was named as an individual defendant in Civil Action No. 97- K-1995. The Federal District Court has entered judgment against the Executive Director, as well as the Housing Authority in this action. The Board of Commissioners previously authorized the Payment of attorneys' fees for Rochelle Stephens. Such fees cannot be paid from federal funds, except for administrative fees. The Board has previously taken the position that all expenditures from administrative fees must be specifically approved by the Board. This Resolution would authorize payment of $20, 000 ofthe $37, 000 balance due for attorneys'fees. The Finance Director has indicated that payment of this amount from administrative fees would still maintain those December 16, 1998 reserves at an appropriate level and would not impede the ability of the Housing Authority to meet its operational needs. " Assistant City Manager Atteberry spoke regarding competing funding needs for technology and Year 2000 compliance for the Housing Authority and for oversight of dwelling management. City Manager Fischbach stated that there is approximately $35,000 in Section 8 excess reserves and HUD has indicated that these funds can be spent for this purpose. Staff is recommending payment of $20,000 of the $37,000 in fees. Commissioner Wanner made a motion, seconded by Commissioner Kneeland, to adopt Resolution No. 4. Mayor Azari asked if reimbursement could be sought. City Attorney Roy stated that the Resolution does not waive the right to seek reimbursement. David Herrera, attorney representing Tracy DeFrancesco, objected to the expenditure of public funds to pay for the actions of Rochelle Stephens, spoke concerning the findings of the jury, and urged that the funds be used toward the resolution of the case. City Attorney Roy stated that the partial payment of this obligation does not speak to the propriety of Ms. Stephens' actions or the ultimate outcome of the litigation. The vote on Commissioner Wanner's motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason and Wanner. Nays: Commissioner Smith. THE MOTION CARRIED. Resolution No. 5 Approving ovine the Write -Off of Uncollectible Accounts, Adopted. The following is staff s memorandum on this item "Executive Summary The Fort Collins Housing Authority manages certain affordable housing units controlled by HUD. The tenants of these units are required to pay 30% of their adjusted income towards their total housing cost. Each year certain tenants become delinquent in their payments to the Housing Authority, which includes both past due rents and amounts charged for the repair and damage to dwelling units. The accounts of these tenants are considered "uncollectible " ifthe tenants have not paid their accounts in fill within 30 days of having been notified of their delinquency. 2 M 11 • December 16, 1998 It is necessary to write-off these uncollectible tenant accounts periodically in order to accurately reflect such assets on the Housing Authority books; however, the write-off does not preclude on- going efforts to collect these amounts. Collection efforts have resulted in an approximate return of 10%. HUD requires that the write-off of all uncollectible tenant accounts be approved by Resolution of the Board. The list of uncollectible tenant accounts as of December 8, 1998, amounts to $13, 498.68. Past write-offs are as follows: 1997 - $ 9,652.98 1996 - $11, 025.76 1995 - $ 3, 614.82" City Manager Fischbach stated that staff is recommending that uncollectible tenant accounts be written off. He noted that there were some extraordinary expenses due to the flood and that this action will not preclude efforts to continue to collect the monies. Commissioner Wanner made a motion, seconded by Commissioner Kneeland, to adopt Resolution No. 5. The vote on the motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. THE MOTION CARRIED. Resolution No. 6 Amending the Policies of the Public Housing Program Administrative Plan Concernine Service And Companion Animals Adopted. The following is staffs memorandum on this item. "Executive Summary In Response to a tenant request for a companion animal and in anticipation of additional similar requests, the FCHA Board adopted a motion amending its Pet Policy on May 20, 1998. Unfortunately, staff has determined that the policy amendments may not be in complete harmony with federal regulations when considered in light ofprojects that are designatedfor the elderly and disabled. Section I of the attached Resolution rescinds the amendments approved by the Housing Authority on May 20, 1998 and allows staff to further research what changes to the Pet Policy may be necessary and possible based on current and pending federal regulations. December 16, 1998 Sections 2 and 3 of the attached Resolution clarify that the current Pet Policy is only applicable to those tenants in projects that are designated for the elderly and the disabled. Other than allowing pets under limited circumstances in elderly and disabled projects, the Housing Authority has not allowed pets in its housing. Section 4 adds a new Section XIX to the Public Housing Program Administrative Plan entitled "Service and Companion Animal Policy". This new policy will allow disabled tenants to have service and companion animals under certain circumstances. The need to accommodate such animals is mandated byfederal regulations and the federal Rehabilitation Act. The new policy sets forth detailed guidelines for verifying the need for a companion animal and the ground rules for maintaining such an animal in all Housing Authority housing. In the future, there will be a need to revisit the animal policies as pending federal regulations are implemented. The trend in federal regulation has been to allow pets in more and more public housing situations. Once the new regulations are in place, staff will be in abetter position to craft an integrated animal policy. " Assistant City Manager Atteberry stated that this Resolution responds to federal legislative mandates regarding reasonable accommodations for people with mental and physical disabilities. Staff is recommending adoption of the Resolution to clarify policies regarding service and companion animals. Commissioner Bertschy made a motion, seconded by Commissioner Wanner, to adopt Resolution No. 6. The vote on the motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. THE MOTION CARRIED. Resolution No. 7 Approving the 1999 Comprehensive Operating Budget, Postponed. The following is staff s memorandum on this item. "Financial Impact This proposed annual comprehensive operating budget establishes the authorization for the operation of the Housing Authorityfor the fiscal year 1999. This budget provides for the ongoing operations ofthe Housing Authority and includes no provisions for new capital projects. Also, fees and expenses related to the recent lawsuit are not covered by the budget. L' December 16, 1998 Executive Summary Following review and discussion (and revisions if necessary) by the Director of Finance, the City Attorney, the City Manager and the Board of Commissioners, the budget has historically been approved. Due to financial obligations, it would be advantageous to have approval by January 1, 1999. BACKGROUND: In general, the Fort Collins Housing Authority annual operating budget is formula driven, leaving Itttleflexibilityfornewprograms. The basisforformulaallocationsisprimarily numberoftenants currently housed by the Housing Authority and fair market rent (FMR) rates. The Housing Authority's proposed budget includes the following funds: Public Housing Family Investment Center Certificates Vouchers Management Development This operating budget will help provide affordable housingfor approximately 912 units throughout the community and totals approximately $1.5 million. Currently, the Housing Authority staffs 29 full-time employees and four interns. The attached budget was provided as apart of the December 8 Study Session. As discussed at that meeting, a revised budget will be provided on December 15 in the Board's "Read Before the Meeting" packet. " City Manager Fischbach noted that an updated budget has been prepared and included in Council's packet. Assistant City Manager Atteberry gave background concerning this item and highlighted significant changes to the budget. He presented an overview of the personal services budget and pay plan for the Housing Authority. Commissioner Smith stated that the budget is difficult to read and understand. Alan Fluharty, Housing Authority Finance Director, spoke regarding the budget structure. Atteberry spoke regarding the costs for equipment upgrades. December 16, 1998 Commissioner Mason asked if technical support is included in computer costs. Commissioner Smith asked about management costs. Commissioner Wanner made a motion, seconded by Commissioner Mason, to adopt Resolution No. 7. David Herrera, attorney, stated that the proposed budget is lacking in a number of ways and spoke regarding the need to budget to reach a structured settlement in his client's case. THE MOTION WAS WITHDRAWN. Commissioner Wanner made a motion, seconded by Commissioner Mason, to postpone consideration of Resolution No. 7 to December 22, 1998. The vote on the motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. THE MOTION CARRIED. Commissioner Byrne requested that additional information be provided prior to that meeting to address some of the questions raised by the Commissioners. Adjurnment Commissioner Wanner made a motion, seconded by Commissioner Kneeland, to adjourn the meeting to December 22, 1998 at 6:00 p.m. The vote on the motion was as follows: Yeas: Commissioners Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. THE MOTION CARRIED. The meeting adjourned at 1:30 a.m. ATTEST: .e a. W City Nfanager, Acting Secretary G. Mayor, Ex-Offrcio