monitoring acquisition/relocation projects
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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. Predictions. - PowerPoint PPT PresentationTRANSCRIPT
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Monitoring Acquisition/relocation Projects
William Von Klug, SR/WA, R/W-RAC
January 13, 2009
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Soothsaying and Monitoring
• Economic problems
• Cause of economic problems
• New president
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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
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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
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Definition
• In depth monitoring review
• By a technically proficient person
• With an agreed upon purpose for the review
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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
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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.
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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
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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.
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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
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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
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Step 2Decide 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
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Step 3Determine 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
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Examples of discretionary policies
• Administrative settlements• Occupancy standards• Self move procedures• Advanced payments• Documentation requirements for some
payments• Appeal procedures• Other relocation payments
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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
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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
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Step 4Adopt 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
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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
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Documenting a relocation file
• Brief narrative explaining why the entity was relocated
• Copy of portion of relocation plan identifying entity
• Relocation diary• Correspondence
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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
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Examples of documentationAcquisition
• 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
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Examples of documentationAcquisition
– 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
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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