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05-15-2012 1 MINUTES OF A REGULAR MEETING OF THE 2 BOARD OF COMMISSIONERS OF THE 3 MESILLA VALLEY PUBLIC HOUSING AUTHORITY 4 May 15, 2012 5 6 7 The regular meeting of the Board of Commissioners of the Mesilla Valley Public 8 Housing Authority was held in the Main Conference Room located at 926 S. San Pedro 9 Street, Las Cruces, New Mexico 88001. 10 11 1. CALL TO ORDER 12 13 Chairman Art Jiron called the meeting to order at 2:12 p.m. 14 15 2. ROLL CALL 16 17 18 MEMBERS PRESENT: Art Jiron, Chairman 19 Ralph Chaffee, Vice-Chairman 20 Felix Cordero, Commissioner 21 Arturo Marrujo, Commissioner 22 23 MEMBERS ABSENT: None 24 25 STAFF PRESENT: Robbie R. Levey, Interim Executive Director 26 Jesse Padilla, Interim Deputy Director 27 Sharon Hansen, Accountant 28 Annettie Machuca, AMA 29 Christine Gonzalez, Executive Assistant 30 31 GUESTS: Bobby Griffith, CFO, J. L Gray 32 Jack Curry, CEO, J. L. Gray 33 Jeff Curry, Director of Development, J. L. Gray 34 J. Steve Pandak, Applicant 35 Adolfo Morales, Applicant 36 Basil S. PMa, Applicant 37 Charlotte McCarthy, League of Women Voters 38 Vicki Simons, League of Women Voters 39 4o 3. WELCOME AND INTRODUCTIONS 41 42 Chairman Jir6n welcomed everyone and asked guests to introduce themselves. 43 44 4. PUBLIC INPUT 45 46 Ms. Vicki Simons, from the League of Women Voters, introduced herself and stated that 47 she had completed an Affordable Housing Report and was very impressed with the 48 Housing Authority and will be attending future meetings. Ms. Charlotte McCarthy 49 introduced herself as a representative from the League of Women Voters. They will be 50 observing our meetings. 1 1 5. CONFLICT OF INTEREST 2 3 Chairman Jir6n asked if any Commissioner or staff member had any known conflict of 4 interest with any item on the agenda. No one expressed or revealed any conflicts. 5 6 6. APPROVAL OF REGULAR AGENDA 7 8 Commissioner Cordero made a motion to approve the regular agenda. Motion was 9 seconded by Commissioner Marrujo. 10 11 Chairman Jir6n asked if anyone had any comments. He then asked for a vote on the 12 motion to approve. 13 14 Commissioner Jir6n — aye 15 Commissioner Chaffee — aye 16 Commissioner Marrujo — aye 17 Commissioner Cordero — aye 18 19 Motion approved unanimously. 20 21 7. CONSENT AGENDA — Those items on the Agenda Indicated by an Asterisk (*) 22 are on the Consent Agenda and will be voted on by one motion. N/A 23 24 8. APPROVAL OF THE MINUTES OF THE PREVIOUS REGULAR MEETING AND OF 25 SPECIAL MEETINGS, IF ANY 26 27 Approval of the Minutes from a Special Meeting on April 11, 2012 28 Approval of the Minutes from the Regular Meeting of April 17, 2012 29 30 Motion was made by Commissioner Marrujo to approve the Minutes of the Special 31 Meeting of April 11, 2012 and the Minutes of the Regular Meeting of April 17, 2012. 32 Motion was seconded by Commissioner Cordero. 33 34 Chairman Jir6n asked if anyone had any comments; he then asked for a vote on the 35 motion to approve. 36 37 Commissioner Jir6n - aye 38 Commissioner Chaffee — aye 39 Commissioner Marrujo — aye 40 Commissioner Cordero — aye 41 42 Motion was approved unanimously. 43 44 9. RESOLUTIONS 45 46 Resolution No. 2012-12 — A Resolution Regarding an Amendment to the 47 Limited Partnership Agreement for Cimmaron II 48 49 Motion was made by Commissioner Marrujo to approve Resolution 2012-12. Motion 50 was seconded by Commissioner Cordero. 2 1 Ms. Levey introduced Mr. Bobby Griffith, Mr. Jack Curry and Jeff Curry from J.L. Gray 2 and stated that they would be discussing Resolutions 2012-12 and 2012-13. Mr. Bobby 3 Griffith addressed the Board and stated that Cimmaron II is a property in Anthony, New 4 Mexico and was developed in partnership with the Housing Authority. He explained that 5 they applied for tax credits and received awards for both the Cimmaron II and Falcon 6 Ridge property in Hatch (Resolution No. 2012-13). He stated that before construction 7 began, there was a downturn in the economy and tax credit financing was not viable. 8 Because of the situation, there were no syndicators. Mr. Griffith went on to explain that 9 in a limited partnership, usually the general partner is 1 percent and the limited partner lo is 99 percent. 11 12 Any cash flow will be split 51% and 49% after developer's fees are paid. In reference to 13 tax write offs, the Limited Partnership gets 100 percent of tax write offs and the general 14 partner gets 100 percent of the profit, if there is any. Properties are designed to have a 15 loss. Before an entity can have a loss, they have to have equity. If there is no equity, 16 no losses can be claimed. 17 18 He then quoted Resolution No. 2012-12, referring to the 3rd to the last paragraph of the 19 resolution stating °...JLG Properties LLC, as the Limited Partners of the Partnership, is 20 needing a proper amount of allocated equity to offset and obtain the losses as agreed 21 above for the Partnership. The Partnership was awarded 2009 Tax Credit Exchange 22 Program (TCEP) funds by the New Mexico Mortgage Finance Authority in the amount o 23 $9,025,110 and...the Partners agree to allocate the equity contributions attributable to 24 the TCEP funds received by the Partnership 99 percent to the Limited Partner and 1 per 25 cent to the General Partner;..." 26 27 The resolution divides the equity accordingly to what is needed to take the losses. Ms. 28 Levey stated that the Housing Authority does not have to file tax returns so the Housing 29 Authority does not need the write offs, and Ms. Hansen confirmed this. 30 31 Commissioner Chaffee stated that his understanding is that this was drawn up with 32 J.L. Gray, the Housing Authority, Boothe, Vassar & Co. and Mark Berry. 33 34 Chairman Jir6n asked if anyone had any additional comments. No other comments 35 were received and Chairman Jir6n asked for a vote on the motion to approve. 36 37 Commissioner Jir6n — aye 38 Commissioner Chaffee — aye 39 Commissioner Cordero — aye 40 Commissioner Marrujo — aye 41 42 Motion was unanimously approved. 43 44 Resolution 2012-13 —A Resolution Regarding an Amendment to the Limited 45 Partnership Agreement for Falcon Ridge. 46 47 Motion to approve Resolution 2012-13 was made by Commissioner Cordero. Motion 48 was seconded by Commissioner Chaffee. 49 50 3 1 Commissioner Chaffee stated that his understanding is that this Resolution is basically 2 the same as Resolution 2012-12 except that this is for Falcon Ridge a separate 3 property in Hatch, New Mexico. Ms. Levey clarified that this is the 5{h Amendment to 4 this Partnership Agreement. Los Caballos Apartments in Hatch were destroyed in a 5 flood and were replaced by the Falcon Ridge Apartments. 6 7 Chairman Jir6n asked if anyone had any additional comments. No other comments 8 made. Chairman Jir6n asked for a vote on motion to approve. 9 10 Commissioner Jir6n — aye 11 Commissioner Chaffee — aye 12 Commissioner Cordero — aye 13 Commissioner Marrujo — aye 14 15 Motion to approve Resolution 2012-13 was approved unanimously. 16 17 • Resolution 2012-14—A Resolution Regarding the 218 Agreement 18 19 Motion made by Commissioner Marrujo to approve Resolution 2012-14. Motion was 20 seconded by Commissioner Cordero. 21 22 This Resolution pertains to the 218 Agreement regarding social security for MVPHA 23 employees. Chairman Jir6n asked if anyone had any comments. No comments made, 24 and Chairman Jir6n asked for a vote on motion to approve. 25 26 Commissioner Jir6n — aye 27 Commissioner Chaffee — aye 28 Commissioner Cordero — aye 29 Commissioner Marrujo — aye 30 31 Motion was approved unanimously. 32 33 Resolution No. 2012-15 —A Resolution Approving Authorization for the 34 Interim Executive Director and/or Interim Deputy Director to Sign and 35 Execute Documents and Establishing a Threshold of$25,000 36 37 Motion was made by Commissioner Marrujo to approve Resolution 2015-15. Motion 38 was seconded by Commissioner Cordero. 39 40 Commissioner Marrujo asked for an example of a non-budgeted item. Ms. Hansen 41 stated that a non-budgeted item would be something that is unexpected such as roofs 42 that needed repair after a storm or something we cannot foresee. 43 44 Ms. Levey stated that the threshold established by the Board for the previous Executive 45 Director was $250,000. She expressed her concern with having authority to sign and 46 execute documents for $250,000 stating that the City Manager and County Manager 47 each have a limit of$50,000. She felt that $25,000 without going before the Board 48 would be more acceptable. Commissioner Marrujo asked if that amount would be 49 enough, and then stated he felt it would be more appropriate to increase the amount to 50 $50,000. 4 1 Motion was then made by Commissioner Marrujo to approve the amendment to 2 Resolution 2012-15 increasing the authority of the Interim Executive Director and/or 3 Interim Deputy Director to sign and execute any and all normal and customary 4 necessary documents with a threshold not to exceed $50,000. Motion was seconded 5 by Vice Chairman Chaffee. 6 7 Chairman Jir6n then asked if anyone had any additional comments. No other 8 comments were made. Chairman Jir6n then asked for a vote on the motion to approve 9 the amendment to Resolution 2012-15. 10 11 Commissioner Jir6n — aye 12 Commissioner Chaffee — aye 13 Commissioner Marrujo — aye 14 Commissioner Cordero - aye 15 16 Motion to amend the Resolution was approved unanimously. 17 18 Motion was then made to approve Resolution 2012-15, as amended. Motion was 19 seconded by Vice Chairman Chaffee. 20 21 Chairman Jir6n asked if anyone had any comments. No other comments were offered. 22 Chairman Jir6n then asked for a vote on motion to approve. 23 24 Commissioner Jiron — aye 25 Commissioner Chaffee — aye 26 Commissioner Marrujo — aye 27 Commissioner Cordero — aye 28 29 Motion was approved unanimously. 30 31 Resolution 2012-16 — A Resolution Writing-off Uncollectible Accounts for 32 the Conventional Housing Program, Section 8 New Construction, DACHA 33 Villa Sereno Housing Program, Oak Street, Pecos and Almendra 34 Apartments and Lease-to-Own Units 35 36 Motion was made by Commissioner Cordero to approve Resolution 2012-16. Motion 37 was seconded by Commissioner Marrujo. 38 39 Vice Chairman Chaffee asked over what period of time had these accounts become 4o delinquent. Response from Mr. Padilla was that it varies but the majority is since July 1, 41 2011. Mr. Padilla explained that the Villa Sereno accounts became delinquent over a 42 period of approximately 8 to 10 years. The former Executive Director did not want to 43 take this to the Board of County Commissioners annually. Vice Chairman Chaffee then 44 inquired how aggressive the Housing Authority is in its collection efforts. Mr. Padilla 45 stated that for rent collection in public housing, the tenants are given a 3-day notice, 46 then they are given a 14-day notice and if there is no action on their part to pay, then 47 the Housing Authority takes them to court. He stated that on some occasions, the 48 tenants return to housing and must execute a repayment agreement before being given 49 a voucher. 50 5 1 Chairman Jir6n asked how we collect past due rents. Mr. Padilla explained that we use 2 a collection agency; however, the collection agency will not pursue collections unless it 3 is over $100. Mr. Padilla stated we are required to provide the writeoffs to the Board for 4 approval. 5 6 Commissioner Cordero asked if there was any money set aside for damage repairs, 7 cleanup, refurbishing. Mr. Padilla stated it depends on the program. He gave an 8 example that at the Almendra Apartments, SWAT teams came in looking for someone 9 and they broke windows and doors to get in. This damage had to be repaired at the 10 expense of the Housing Authority. 11 12 Commissioner Marrujo asked if the Board could be provided with a breakdown of actual 13 damage costs and actual uncollected rent amounts. Another inquiry was if monthly 14 inspections are done on units. Mr. Padilla stated that no, it is not possible to do monthly 15 inspections. Ms. Levey then stated that when maintenance workers enter units to do 16 repairs, they also are responsible for reporting any damage or additional repairs that 17 should be done. 18 19 Chairman Jir6n asked if anyone had any additional comments to make. No other 20 comments were made. Chairman Jir6n then asked for a vote on motion to approve. 21 22 Commissioner Jir6n — aye 23 Commissioner Chaffee — aye 24 Commissioner Marrujo — aye 25 Commissioner Cordero — aye 26 27 Motion was approved unanimously. 28 29 Resolution 2012-17 —A Resolution Approving Revisions to the Disposition 30 Policy in the Procurement Policy for the Mesilla Valley Public Housing 31 Authority 32 33 Motion was made by Commissioner Cordero to approve Resolution 2012-17. Motion 34 was seconded by Commissioner Marrujo. 35 36 Chairman Jir6n stated that he does not mean it to be derogatory, but asked who wrote 37 the revision to the Procurement Policy? Ms. Levey informed him that this requirement 38 comes from the Office of the State Auditor. This came as a result of having to move a 39 building and MVPHA had no disposition policy that was in compliance with State 40 statutes. 41 42 Chairman Jir6n stated that when he was reading the policy, he believed there was too 43 much detail. He does not remember such detail when he worked in the corporate world. 44 Chairman Jiron stated that such detail is counterproductive for the user, who might have 45 a high school education, because it is awfully busy. 46 47 Vice Chairman Chaffee asked Ms. Levey if this was boiler plate. He further stated that 48 how busy this is does not really matter; it is protocol that needs to be followed. 49 50 6 1 Chairman Jir6n said that he felt for functional reasons, this procedure is wonderful, but 2 for internal functional reasons, we extract so that the worker can use it and understand 3 it and yes it is a boiler plate. 4 5 Chairman Jir6n asked if anyone had any other comments. No additional comments 6 were made and Chairman Jir6n asked for a vote on the motion to approve. 7 8 Commissioner Jir6n — aye 9 Commissioner Chaffee — aye to Commissioner Marrujo — aye 11 Commissioner Cordero — aye 12 13 Motion to approve Resolution 2012-17 was unanimous. 14 15 10. UNFINISHED BUSINESS 16 17 Introduction of Applicants for the Position of Resident Commissioner. 18 19 Chairman Jir6n stated that we have 3 out of 5 applicants for the position of Resident 20 Commissioner in attendance. He asked them to introduce themselves and give a brief 21 outline of why they are interested in serving as a Resident Commissioner. 22 23 Mr. Steve Pandak introduced himself and stated that he works at the Mesilla Valley 24 Community of Home with the homeless veterans trying to get them off the streets. 25 26 (These are not the official minutes until reviewed and approved by the Board at their next regular meeting.) 27 What interested him in this position is community service. He is officially retired and can 28 be available whenever needed, and he stated that he would describe himself as loyal. 29 30 Mr. Adolfo "Rudy" Morales then introduced himself. He stated that he has been in the 31 construction field, is now retired from the Corps of Engineers. He was a subcontractor 32 and is aware of the bidding process. He feels one should have a good understanding o 33 projects. He learned to coordinate and deal with individuals. He has been attending 34 Dona Ana Community College, has a degree in General Studies and is trying to add a 35 degree in architecture, drafting and design. He currently is involved with several 36 projects at New Mexico State University. He stated he has skills in fundraising and 37 good communication skills and he would like to be part of the Board of Commissioners. 38 39 Mr. Basil Pina then introduced himself and stated that he is a Senior at NMSU. He is 4o an actor and works with KRWG. He has a Bachelor's Degree from NMSU in Public 41 Administration and Finance and has a Bachelor's Degree in Economics. He also stated 42 that he worked with the City of Las Cruces for two years with their Purchasing 43 Department and worked with the Risk Management Department with the City as the 44 Insurance Claims Coordinator. He then moved to Isleta and worked as an insurance 45 administrator with the State of Texas. He also worked in Los Angeles with Access 46 Specialty underwriting insurance. 47 48 Chairman Jir6n thanked everyone for making their presentation and stated that he had 49 been notified by two other applicants that they were unable to attend. Ms. Gonzalez 5o noted that all five applicants had responded that they would be in attendance. 7 1 However, no notification was received by Housing Authority staff by the two who did not 2 attend. 3 4 11. NEW BUSINESS 5 6 Management Reports 7 8 Report of Accountant 9 10 Ms. Sharon Hansen briefly discussed Resolution 2012-14 which approved the 218 11 Agreement pertaining to Social Security. She also mentioned that PERA requires that 12 the Board approve the appointment of three employees to serve as election officials and 13 it was recommended that Ms. Robbie R. Levey, Mr. Jesse Padilla and Ms. Sharon 14 Hansen serve as the election officers. The Board concurred with her recommendation. 15 Ms. Hanson also informed the Board that because 90 days' notice is required by PERA, 16 the actual election will be held on Wednesday, August 22, 2012. 17 18 Ms. Hansen then discussed the deadline of May 10, 2012 to submit proposals for the 19 Fiscal Year 2012 Audit of the Housing Authority of the City of Las Cruces, for the 20 Mesilla Valley Public Housing Authority and for the former Dona Ana County Housing 21 Authority. The audit report is due to the Office of the State Auditor by September 30, 22 2012. Ms. Hansen reported that work on the Fiscal Year 2013 budget continues. She 23 also included in her monthly report to the Board that since HUD combined the funding o 24 the Dofia Ana County Housing Authority with the funding for the Mesilla Valley Public 25 Housing Authority effective April 1, 2012, then March should be the last month that 26 financial statements were generated for the Dona Ana County Housing Authority. 27 28 In her May 8, 2012 report, Ms. Hansen also discussed her financial statements. 29 3o Report of Housing Choice Voucher Program Manager 31 32 Ms. Annettie Machuca discussed her monthly report to the Board. She stated that 33 during the week of April 16, 2012, 200 families had been selected for interviews. She 34 stated that 101 of those notified responded, and 17 were eligible; there are 82 families 35 that need to submit documents. A total of 99 did not respond. She also discussed the 36 fact that criminal background checks are done on all adult members of the families. 37 Those who do not respond are sent a second notice; if there is no response the second 38 time, they are dropped from the waiting list. 39 40 Commissioner Cordero asked how many vouchers are available. Ms. Machuca stated 41 that the total families served in ACC units is 1664 and in leased units the total number 42 of families is 1361. She is constantly working to fill with more families as there is a 43 constant turnover. If we house 20 families, approximately 30 families terminate. Ms. 44 Machuca stated that HUD has given them direction to use the unrestricted budget to 45 issue vouchers and house families. Ms. Machuca commented that a lack of affordable 46 units is one obstacle for people looking for a unit. 47 48 49 50 8 1 Housing Programs Manager Report 2 3 Mr. Padilla stated that he wants to inform the Commissioners that his maintenance 4 workers are busy doing exterior painting, reshingling roofs, storing used stoves for s future use at Burley Court, etc. 6 7 In his report dated May 15, 2012, Mr. Padilla included that he and Ms. Villegas had 8 attended TRACS and EIV Training in Albuquerque. 9 to Interim Executive Director Report 11 12 Ms. Levey discussed her report stating that Chairman Jiron and Commissioner Cordero 13 need to decide who will be the appointee to the Downtown Ad Hoc Committee. She 14 also discussed the HUD Congressional Briefing scheduled for May 23, 2012 stating that 15 this Briefing is still tentative as the Field Office has not had any responses, so it is 16 uncertain if the briefing will be held. 17 18 The next item discussed was the Las Cruces Public Schools' Construction Trades 19 Partnership (CTP) Program, and the continuance of participating in the program. Ms. 20 Levey stated that in the past, the Housing Authority would purchase lots and then CTP 21 would be responsible for building. The Housing Authority would pay for the home to be 22 built and profits split with CTP when the home was sold. CTP would like to know if they 23 can begin again with this program. She stated that the purpose of the program is that it 24 gives high school students the opportunity to learn a trade. However, Ms. Levey stated 25 that because the Board does not want to be in the lending business, she wants the 26 Board to determine if they want to continue this partnership. Vice Chairman Chaffee 27 stated that he would suggest that there be a grant of the land and allow them to begin 28 construction with a mortgage loan that they acquire elsewhere. Ms. Levey stated that in 29 the past, the cost of the land was paid back to us at the time the house was sold. 30 31 Suggestion was made by Mr. Padilla that perhaps we could develop the land ourselves. 32 Vice Chairman Chaffee then stated that he agreed with Mr. Padilla's suggestion as a 33 feasible option, especially because this could be an opportunity to provide more 34 affordable rental housing. Commissioner Marrujo asked where this tract of land is 35 located. Response was on Elder Street, between Mulberry and Madrid. Commissioner 36 Marrujo then asked if this was the lot where there was an ingress/egress issue. 37 Response was yes. 38 39 Ms. Levey stated that she does not feel that we should continue Home Ownership 40 Programs, as we lost money with the homes at Legends West and Casas del Quinto 41 Sol. Mr. Padilla stated that he does not feel the Housing Authority would benefit from 42 continuing with CTP. Vice Chairman Chaffee stated however that this may be a good 43 way to develop affordable rental housing. Chairman Jiron suggested that we slow down 44 and move this issue to a future meeting. 45 46 Vice Chairman Chaffee would like to have the Board's agreement that this is something 47 that the Housing Authority will follow up on as he feels this is one of the best ideas 48 suggested. Chairman Jir6n stated that maybe the Board can be provided with the pros 49 and cons of this recommendation for Board consideration. 50 9 1 Ms. Levey also discussed Robledo Ridge stating that the Housing Authority was notified 2 on April 23, 2012 that five families had to move immediately and Mr. Padilla's staff was 3 trying to get units ready in order to get families moved. Mr. Padilla stated that he feels 4 his staff did a great job accomplishing this move and they have showed great team 5 effort. 6 7 Commissioner Cordero stated that he remembered a gentleman from a previous 8 meeting stating that there were no families that were going to be moved in the first 9 place, that there were other issues that could be taken care of first. 10 11 Commissioner Marrujo asked if it would be feasible to have the developer come in and 12 meet with the Board and discuss issues before going any further on Robledo Ridge so 13 other families would not be jeopardized. Ms. Levey stated that the other families would 14 be given at least of 2 - 4 weeks' notice. Commissioner Marrujo asked who handles the 15 relocation expenses for the families. Ms. Levey responded that it is part of the 16 construction budget. The original plan was that 11 new units were going to be 17 constructed first and families would be moved to those new units. That did not happen. 18 19 Commissioner Marrujo asked a question on the RFP for the HQS Inspections. Ms. 20 Levey informed him that McCright and Associates was awarded the contract and 21 explained it was more cost effective to outsource these inspections. 22 23 12. ADJOURNMENT 24 25 There being no further business, Commissioner Cordero made a motion to adjourn the 26 meeting. Motion was seconded by Commissioner Marrujo. Chairman Jiron asked for a 27 vote on motion to approve. 28 29 Commissioner Jiron - aye 30 Commissioner Chaffee - aye 31 Commissioner Marrujo - aye 32 Commissioner Cordero — aye 33 34 Motion unanimously approved. Meeting adjourned at 3:30 p.m. 35 36 37 SEAL APPROVED BY 38 39 40 41 42 I Art Jiron hairman 43 44 45 SUBMITTED BY 46 47 48 49 C 5o Robbie R. Levey, Interim Execu ive irector 10