Transcript Monitoring relocation projects

Monitoring
Acquisition/relocation Projects
William Von Klug, SR/WA, R/W-RAC
January 13, 2009
Soothsaying and Monitoring
• Economic problems
• Cause of economic problems
• New president
[email protected]
Predictions
• One solution proposed is the create massive
public work projects. This should entail
federal funding of projects that will require the
purchase of Right of Way
• Because one of the causes of the economic
problems was lack of regulation it is
reasonable to assume that there will be
closer monitoring of federally funded projects
[email protected]
Why is there monitoring
• Local agency is funded by another
agency like FHWA, DHUD and similar
agencies
• State law established that a state
agency had the power to oversee
acquisition/relocation projects
• Golden rule applies
[email protected]
Definition
• In depth monitoring review
• By a technically proficient person
• With an agreed upon purpose for the
review
[email protected]
In depth monitoring
•
•
•
•
Requires a visit to the displacing agency
Examination of case files
Interviews with displaced persons
Inspection of replacement dwellings/business
sites
• Review and confirmation of accuracy of
documentation
[email protected]
Technically proficient person
• Person will have knowledge in area they are
monitoring.
• They may have limited experience in
administering activities
• They will have no personal experience in the
cases they are monitoring
• They will have to rely 100% on what they find
in the files and the interviews they conduct.
[email protected]
Agreed upon purpose
• Project or program was carried out in
compliance with statutory or regulatory
provisions
• Emphasis should be twofold
– Protection of people impacted by project
– Protection of public from unnecessary and
inappropriate payments
[email protected]
The real world agreement of
purpose
• There is not always a meeting of the
minds
• A HUD directive 1374 .0 stated that the
purpose of in depth monitoring was to
insure that there was protection for
occupants and/or owners of real
property that is acquired, demolished or
rehabilitated.
[email protected]
What a monitor is really
looking for
• Was advisory assistance offered?
• Were people treated fairly?
– Paid just compensation
– Received all relocation benefits
• Were the public funds protected?
– Was just compensation exceeded?
– Were people paid greater relocation benefits than
necessary
[email protected]
Step one
• Make sure there is a meeting of the minds of
the purpose of the monitoring
• This actually begins when you ask for the
funding
• The funding agency may give you indication
of their emphasis
• Know the rules of the funding agency
• Know the philosophy of the funding agency
• Know the person that will be doing the
monitoring
[email protected]
Step 2
Decide if the cost of the
funding is worth it
• Your agency may want to move so fast
that compliance with the URA is not in
their best interest
• There may be philosophical differences
between your agencies
elected/appointed officials that makes
strict compliance with URA difficult to
accomplish
[email protected]
Step 3
Determine what policies are
discretionary
• There are many discretionary policies
that an agency has the right to
establish
• Write policies for these discretionary
areas
• Adopt the policies
[email protected]
Examples of discretionary
policies
•
•
•
•
•
Administrative settlements
Occupancy standards
Self move procedures
Advanced payments
Documentation requirements for some
payments
• Appeal procedures
• Other relocation payments
[email protected]
An example of impact of
differing policies
• Background
– Family of 5 living in two bedroom apartment
– Family consists of 3 adults; a husband and wife
and the wife’s brother and two children; a 14 year
old male and a 13 year old female
• Options for comparable depending on
occupancy standards are two bedroom, three
bedroom and four bedroom
[email protected]
Pre approval of policies and
procedures
• After you have created policies and
procedures send them to the funding
agency that will be monitoring your
projects.
• Ask them to review, comment and
approve the policies and procedures
• Pick your battles
[email protected]
Step 4
Adopt procedures for
acquisition and relocation
• Every agency is different agency must
have a process set up to carry out
activities whether they are completed by
staff or consultants
• Agency must have control of process
• Process must be followed UNIFORMLY
• Process must be followed consistently
[email protected]
Documentation
• Remember that the person monitoring
the files does not have your knowledge
of the case. They only know what is in
the file
• TRY TO HAVE THE FILE SET UP SO
THAT IT CAN BE READ AS A STAND
ALONE DOCUMENT
• CONSIDER YOUR READER
[email protected]
Documenting a relocation file
• Brief narrative explaining why the entity
was relocated
• Copy of portion of relocation plan
identifying entity
• Relocation diary
• Correspondence
[email protected]
Documenting a relocation file
• Relocation notices
– Letter of eligibility should include Housing
valuations
• Requests for compensation
• Copy of receipted checks
• Copy of all claims
– There should be a memo to the file
explaining calculations; if appropriate
[email protected]
Examples of documentation
Acquisition
• Acquisition file
– A brief narrative why the parcel was acquired.
Including the name of the project.
– A copy of the appraisal
– A copy of the review appraisal
– A copy of the agencies establishment of just
compensation
– A copy of the offer of just compensation
demonstrating that bona fide negotiations took
place
[email protected]
Examples of documentation
Acquisition
– The negotiators diary of the negotiations
– A copy of closing documents
– A narrative that explains any anomalies in the
acquisition
– Evidence that compensation was paid
– A copy of deeds
[email protected]
FINAL THOUGHTS
• There will be more monitoring in the future
• You need to understand what the specific
monitor is looking for and recognize his/her
philosophy
• Pick your battles
• Create and follow policies and procedures
• Ignore your ego; your job is to fairly acquire
and relocate people with public funds
[email protected]