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07-17-2012 l 1 MINUTES OF A REGULAR MEETING OF THE 2 BOARD OF COMMISSIONERS OF THE 3 MESILLA VALLEY PUBLIC HOUSING AUTHORITY 4 July 17, 2012 5 6 The regular meeting of the Board of Commissioners of the Mesilla Valley Public 7 Housing Authority was held in the Main Conference Room located at 926 S. San Pedro 8 Street, Las Cruces, New Mexico 88001. 9 10 1. CALL TO ORDER 11 12 Chairman Art Jiron called the meeting to order at 2:03 p.m. 13 14 2. ROLL CALL 15 16 MEMBERS PRESENT: Art Jir6n, Chairman 17 Ralph Chaffee, Vice-Chairman 18 Arturo Marrujo, Commissioner 19 Felix Cordero, Commissioner 20 21 STAFF PRESENT: Robbie R. Levey, Interim Executive Director 22 Jesse Padilla, Interim Deputy Director 23 Sharon Hansen, Accountant 24 Lee Montague, Modernization/Maintenance Manager 25 Christine Gonzalez, Executive Assistant 26 27 STAFF ABSENT: Annettie Machuca, AMA 28 29 GUESTS: Gianna Mendoza, Beall & Biehler, Law Firm 30 Vicki Simons, League of Women Voters 31 Steve Pandak, Resident Commissioner Appointee 32 Jim Kroger 33 34 3. WELCOME AND INTRODUCTIONS 35 36 Chairman Jiron asked those guests present to introduce themselves. Mr. Steve Pandak 37 introduced himself and stated that he is the new appointee recommended for the Board 38 of Commissioners. Mr. Jim Kroger introduced himself. Ms. Vicki Simons introduced 39 herself stating she was with the League of Women Voters. Ms. Gianna Mendoza 40 introduced herself stating she was the counsel for the Board of Commissioners. 41 42 4. PUBLIC INPUT 43 44 There were no comments from the public. 45 46 5. CONFLICT OF INTEREST 47 48 Chairman Jiron asked if any Commissioner or staff member had any known conflict of 49 interest with any item on the agenda. No one expressed or revealed any conflicts.- 50 1 1 6. APPROVAL OF REGULAR AGENDA 2 3 Commissioner Cordero made a motion to approve the regular agenda. Motion was 4 seconded by Commissioner Marrujo. 5 6 Chairman Jir6n asked if anyone had any comments regarding the agenda. He then 7 asked for a vote on the motion to approve. 8 9 Commissioner Jir6n — aye to Commissioner Chaffee — aye 11 Commissioner Cordero — aye 12 Commissioner Marrujo - aye 13 14 Motion approved unanimously. 15 16 7. CONSENT AGENDA — Those items on the Agenda Indicated by an Asterisk (*) 17 are on the Consent Agenda and will be voted on by one motion. N/A 18 19 8. APPROVAL OF THE MINUTES OF THE PREVIOUS REGULAR MEETING AND OF 20 SPECIAL MEETINGS, IF ANY 21 22 Approval of the Minutes from the Regular Meeting on June 26, 2012 23 24 Motion was made by Commissioner Marrujo to approve the Minutes of the Regular 25 Meeting of June 26, 2012. Motion was seconded by Commissioner Cordero. 26 27 Chairman Jir6n asked if anyone had any comments; he then asked for a vote on the 28 motion to approve the minutes. 29 30 Commissioner Jir6n — aye 31 Commissioner Chaffee — aye 32 Commissioner Cordero — aye 33 Commissioner Marrujo — aye 34 35 Motion was approved unanimously. 36 37 9. RESOLUTIONS 38 39 Resolution No. 2012-24 —A Resolution to Ensure that the Mesilla Valley 40 Public Housing Authority will submit HUD Form 60002 Annually by January 41 10th 42 43 Motion was made by Commissioner Marrujo to approve Resolution No. 2012-24. 44 Motion was seconded by Commissioner Chaffee. 45 46 Chairman Jir6n asked if anyone had any additional comments. Vice Chairman Chaffee 47 asked Ms. Levey if this was a standard procedure that HUD was requiring. Response 48 was yes, HUD is requesting a policy and procedure and said they would accept a 49 resolution showing that the Board would ensure timely submittal of Form 60002. 50 2 1 Ms. Levey stated that this was an audit finding from 2011; however, since Form 60002 2 had not been submitted in time this year, it will be a repeat finding next year. Ms. Levey 3 has already notified the HUD field office of this and advised them that e-mail reminders 4 from HUD to submit this form were not forwarded by the former Executive Director. Ms. 5 Levey stated procedures have been put in place so that these late filings do not occur in 6 the future. No other comments were received and Chairman Jiron asked for a vote on 7 the motion to approve. 8 9 Commissioner Jiron — aye to Commissioner Chaffee — aye 11 Commissioner Cordero — aye 12 Commissioner Marrujo — aye 13 14 Motion was unanimously approved. 15 16 10. UNFINISHED BUSINESS 17 18 • Announce Selection of Resident Commissioner 19 20 Chairman Jiron stated that Mr. Steve Pandak had been selected as the Board's 21 recommendation for the Resident Commissioner by a vote of 3-1. He further stated 22 that this information was being submitted to the Mayor and to the County Board of 23 Commissioners for their final approval. Once that has been completed, then Mr. 24 Pandak would legally be the 5t Commissioner for the MVPHA's Board of 25 Commissioners. He then asked Mr. Pandak if he had any comments. No further 26 comments were received. 27 28 11. NEW BUSINESS 29 30 Mr. Jim Kroger — Discussion of Parcel of Land Behind Almendra Apartments 31 32 Mr. Kroger's presentation began at 2:10 p.m. Mr. Kroger introduced himself and stated 33 that in 2009 he had bought property and had put $15,000 into it and has since put a lot 34 of effort into this place. In 2008 he decided to buy his first home. He stated that his 35 take home pay was $1250 to $1300 every two weeks with a $600 student loan 36 payment. He decided to purchase a duplex to alleviate his expenses. He stated that 37 the home was not up to code. He did research and found out that the land was part of 38 this parcel. He then went to Tom Hassell, the Executive Director of the Housing 39 Authority at that time, who told him he would be happy not to have to upkeep that land 40 since the Housing Authority had no use for the land and would be happy to sell the 41 property to him. Mr. Kroger bought the duplex in 2009. He signed a purchase contract 42 with Mr. Hassell in March of 2010, but was told he could not pay until the property was 43 legally replatted and became a legally defined piece of property. He then went on 44 sabbatical from May 2010 through August 2011, but he began the replatting process. 45 When he returned from the sabbatical, he would obtain approvals until all paperwork 46 was completed. He officially replatted the property in January 2012. In March 2012, he 47 was able to pay for the property with his tax refund, so he contacted the Housing 48 Authority to sign the deed as agreed. 49 50 3 1 He said two previous owners of the property had made a deal and traded for a rock wall 2 to be built. They did not go through proper City channels; they did it illegally and built 3 one foot away from the property line. 4 5 Mr. Kroger stated that there should be one parking for each bedroom for a total of four. 6 He also stated that the Housing Authority set aside this independent strip of land to 7 alleviate the building being so close to the property line. 8 9 His plans for the land include building a 10' x 20' storage building with two levels of to storage, including room for his motorcycles, as well as a place to work on his 11 motorcycles. He further stated that the distance from the building to the Almendra 12 Apartments is approximately 30 feet. He stated that the Fire Department would not 13 have access problems. His plans are to plant trees and landscape the area and put in a 14 driveway using compacted crusher fines. He has been picking up trash and is cleaning 15 weeds Discussed some of his photos included in his presentation. 16 17 He stated he sympathizes with the Housing Authority and is willing to lease them the 18 property at $1.00 a year for up to two years so they can store their portable buildings 19 there. He currently pays $220/month for storage. He has two 10' x 20' units where he 20 keeps clothing and other belongings. 21 22 He stated that by adding this strip of land to his property, it would resolve serious City 23 code encroachment problems. It would also allow him to have his belongings with him 24 instead of in different storage facilities. He stated he acted in good faith and trusted 25 Tom Hassell and the Housing Authority. He then thanked the Board for listening to his 26 presentation which ended at 2:23 p.m. 27 28 Chairman Jir6n thanked him for his presentation, and stated that there are still some 29 issues to be handled within the organization. Chairman Jir6n stated that he will have a 3o response for him as quickly as possible. 31 32 Management Reports 33 34 Report of Accountant 35 36 In this month's report, Ms. Hansen included financial statements through May 2012. 37 Ms. Hansen stated after the June presentation, there will be a final budget revision that 38 will be submitted to the Board for approval. She spoke with the auditors and there 39 would not be a problem making any revisions after the end of the fiscal year. She 40 stated that as mentioned earlier, the auditors are here at the Housing Authority. 41 Chairman Jir6n commented on positive comments in Ms. Hansen's monthly report. 42 43 She also briefly mentioned that the HAP funding for Burley and Robledo Ridge has now 44 been received for April through June. Her July report included the following: 45 46 The operations of the former Dona Ana County Housing Authority (DACHA) 47 Section 8 Voucher program were combined with the Mesilla Valley Public 48 Housing Authority (MVPHA) effective April 1, 2012. The DACHA Public Housing 49 and Capital Fund Programs have not been combined by HUD yet. We will 50 continue to account for these programs as separate fund numbers within the 4 1 MVPHA general ledger. We have included balance sheets for DACHA, but not 2 income statements since the only entries to the DACHA books are for checking 3 account interest income. We are hoping to close the DACHA checking account 4 by the end of July 2012. 5 6 • The MVPHA Conventional (Public Housing) program ended May 2012 with a net 7 loss of$214,411.69. As a reminder, the former executive director budgeted a 8 $284,286 deficit for this program. 9 10 • Through May 2012, Burley Court has a net income of$120,853.59 and Valley 11 Vista (Robledo Ridge) has a net income of $13,223.41 after adjusting for the 12 Transfer In/Transfer Out line items required due to the separation of the Section 13 8 New Construction project between Burley Court and Valley Vista (Robledo 14 Ridge). The June income statements will show funding for both projects through 15 June 2012. Remember that a significant portion of the Burley Court income is a 16 result of Burley receiving $81,947.93 in April which was its prorated share of the 17 bond payoff proceeds. 18 19 • The MVPHA Section 8 Voucher program ended May 2012 with a net admin 20 income of $36,830.13 after adjusting for the over-expended HAP funding in the 21 amount of $1,148,726.22. 22 23 • The MVPHA Business Activities fund ended May 2012 with a net income of 24 $292,598.97. In accordance with accounting standards, Ms. Hansen made an 25 entry to recognize the Oak Street Capital Outlay funding of$227,000. Even 26 though the Housing Authority did not receive this funding directly, it was 27 expended for the improvement of our Oak Street site. 28 29 • The MVPHA Developer's fees fund ended May 2012 with a net income of 30 $172,660.30. We received developer's fees in the amount of$75,000 in May for 31 Montana Senior Village, LLC and MSV II, LP. 32 33 • Ms. Hansen has contacted the DACHA auditors via e-mail to determine their 34 schedule, but has not yet received a reply from them. 35 36 • We are beginning the process of turning over the accounting for Robledo Ridge 37 to the new property manager, UAH. It will be a slow process until UAH is able to 38 establish vendor accounts in the name of Robledo Ridge, separate from our 39 Housing Authority accounts. We are working with Wells Fargo Bank to establish 40 online banking access for ourselves and the property manager. 41 42 Report of Housing Choice Voucher Program Manager 43 44 No one from Section 8 was in attendance to report on the Section 8 Housing Choice 45 Voucher program. Ms. Levey asked if any Commissioners had any comments on the 46 HCV monthly report. No one had any comments. The HCV monthly report submitted 47 for July indicated the following: 48 49 • In July, 300 families have been selected and are scheduled for screenings on 50 July 24 and 25, 2012. From April through June, there were a total of 701 families 5 1 selected, 180 responded, 221 did not respond, 82 were eligible, 36 were 2 ineligible, and 62 are waiting eligibility. 3 4 • As of July 12, 2012, the HCV program has a total of 110 families from the waiting 5 list who were issued vouchers. 6 7 • The HCV Department's PIC reporting rate for the month of June is 97 percent. 8 9 • The program is assisting the following families as of June 30, 2012. 10 11 ACC units: 1654 12 Leased Units: 1287 13 Percent of utilization: 79% 14 15 Report of Modernization and Maintenance Manager 16 17 Mr. Lee Montague, the new Modernization and Maintenance Manager for the Housing 18 Authority, stated the following: 19 20 • Mr. Montague apologized for being late and stated that he was at Walnut Grove 21 Roof inspections and work was exemplary. 22 23 • Walnut Grove reroofing is ongoing and expects completion no later than the end 24 of July 2012. There are two units to go. Insurance has funded this project. 25 26 • Walnut Grove exterior painting of all units is currently in process and expects 27 completion by July 16, 2012. CFP funds were utilized. 28 29 • A new Grounds Maintenance Contractor (Gold Key) has started for San Pedro 30 Place, Burley Court and Jardines Alegre. It is a one-year contract with two 31 1-year options. 32 33 • We have completed several contracts in the last 30 days all funded by CFP 34 2010, including San Pedro parking lots paving, Head Start building in Walnut 35 Grove repairs and exterior paint, security fence installed at 926 South San Pedro, 36 and the xeriscaping in areas of San Pedro. 37 38 He further reported that make readies and mod/rehabs are pending for July 39 2012. He stated that there are 13 make readies and 3 mod/rehabs so the 40 maintenance staff will be very busy. Also, he informed the Board that 41 maintenance staff is supporting efforts at the Robledo Ridge Development. He 42 also stated that he will have the cost of the mod/rehabs when write-ups are 43 completed. 44 45 Chairman Jir6n asked Mr. Montague if he had just been promoted and his response 46 was yes. He is the new Modernization/ Maintenance Manager. 47 48 49 50 6 y 1 Housing Programs Manager Report 2 3 Mr. Padilla, the Interim Deputy Director and the Housing Programs Manager, discussed 4 the following: 5 6 • At Pecos Apartments, two units are being prepared for occupancy. 7 8 • The only location where there is an issue is at the Oak Street Apartments. The 9 Mesilla Valley Community of Hope (MVCH) had been administering this program 10 to assist veterans. Mr. Padilla stated that Steve Pandak is also working with 11 veterans to help them get their assistance. 12 13 • Mr. Padilla stated that the Housing Authority will start accepting their own 14 applications in order to try and house more veterans and fill the vacancies. 15 16 • Ms. Levey informed the Commissioners that a flyer announcing that MVPHA is 17 taking applications for the Homeless Veterans Program has been prepared and 18 sent to the MVCH, to Denise Emery our VASH coordinator, and to the 19 Interagency Council, who are all trying to get the word out about the transitional 20 housing program. 21 22 Mr. Steven Pandak stated that they are still waiting for budget money from Santa 23 Fe and until that money is received, he cannot assist with rent or security 24 deposits. 25 26 Commissioner Cordero asked if the flyers had been sent to the various veteran 27 organizations and response was yes. He then stated that he has not received any 28 notices, nor has the American Legion or Marine Corp office. Commissioner Cordero 29 stated that if money is needed to house these veterans, he can make arrangements to 3o assist. Ms. Levey stated that Ms. Emery has a list of 23 people on waiting list and 31 MVCH has 13 living in the tent city. They do not have income but can get rental 32 assistance. Commissioner Cordero stated that he can make arrangements to assist 33 with things such as furnishings for apartments. 34 35 Chairman Jiron stated that he had noticed that his report indicated vacancy rates are 36 low except for Oak Street, but stated that Mr. Padilla had clearly explained the situation 37 at that location. He then asked if anyone had any additional questions; no other 38 comments were made. 39 40 Mr. Padilla also included in his monthly report that the PIC score was at 100 percent. 41 He informed the Commissioners that Vanessa Villegas, Property Manager at Robledo 42 Ridge/Burley Court, worked with Miland Services to submit the outstanding vouchers 43 from April through July 2012 to HUD/MFA, and all outstanding voucher contracts have 44 been paid to MVPHA. 45 46 Ms. Villegas is also working with UAH Property Management who is assisting the 47 Housing Authority with the management of the Robledo Ridge tax credit property. She 48 will also be attending the UAH tax credit training in Dallas, Texas, from July 23-26, 49 2012. 50 7 1 He noted that for the Public Housing screenings in June 2012, there were 18 notices 2 sent out, 4 applicants attended and 10 were no shows. Applicants rescheduled were 3, 3 1 cancelled and 8 received 2nd notices. 4 5 Interim Executive Director Report 6 7 Ms. Levey then discussed her monthly report stating that a response to HUD on the 8 single audit was prepared since HUD requires written responses to audit findings. She 9 stated that Resolution 2012-24 is in response to Finding No. 1 regarding submittal of to HUD form 60002. She also informed the Board that the letter to Floyd Duran provides 11 Board assurance that the findings have been reviewed with the Board and will be 12 corrected. 13 14 Ms. Levey then discussed the property in Hatch stating that when the Falcon Ridge 15 Apartments were developed, 4.78 acres of the 14.761 acres was utilized. There are 16 approximately 10 acres which were not used. Tom Andrews, Thomas Development 17 Group, is representing Tierra del Sol and is interested in an option on this land and the 18 possibility of selling the land (9.981 acres) to Tierra del Sol for $22,000/acre plus all 19 expenses that have been incurred to date for Falcon Ridge, plus closing costs which are 20 estimated at approximately $260,000 ($220,000 for land and $40,000 for expenses plus 21 closing costs). 22 23 Vice Chairman Chaffee asked that an analysis be done stating the pros and cons of 24 development and report back to the Board with best option. Ms. Levey recommended 25 preparation of an RFP for a developer. 26 27 She then discussed the Community Center at Villa Sereno. She stated that we thought 28 it was going to be easy to donate, and this has turned into a more complicated issue 29 than anticipated. There will be a conference call with the attorneys to discuss four 30 options that HUD has given the Housing Authority to determine how to complete this 31 transaction. 32 33 She also informed the Commissioners that the HACLC and DACHA Public Housing 34 programs have still not combined. However, HUD has informed her that this may be 35 retroactive to July 1, 2012, but if not, a County audit may be required next year if not 36 retroactive. 37 38 She also discussed the letter to HUD regarding Board assurance regarding the Move-In 39 inspections on two units that were not done, noting Move Ins were over ten years ago. . 40 On annual inspections, the former Executive Director had instructed staff not to have 41 inspections on Valley Vista resulting in a finding. Subsequently, annual inspections are 42 being done. 43 44 12. EXECUTIVE SESSION — CLOSED TO THE PUBLIC PURSUANT TO 45 §10-15-1(H)(7) NMSA 1978 46 47 Vice Chairman Chaffee made a motion to close the Open Meeting and go into 48 Executive Session at 2:43 p.m. pursuant to §10-15-1(H)(7) NMSA 1978, to conduct 49 discussion on pending litigation. Motion was seconded by Commissioner Marrujo. 50 8 1 Commissioner Jiron - aye 2 Commissioner Chaffee - aye 3 Commissioner Cordero — aye 4 Commissioner Marrujo — aye 5 6 Motion was unanimously approved. 7 8 Commissioner Chaffee made a motion to end the Executive Session and return to an 9 Open Meeting at 4:05 p.m. Commissioner Cordero seconded the motion. 10 11 Commissioner Jir6n — aye 12 Commissioner Chaffee — aye 13 Commissioner Cordero — aye 14 Commissioner Marrujo — aye 15 16 Motion was unanimously approved. The matter discussed in the Executive Session 17 was limited only to that specified in the motion for closure. 18 19 13. ADJOURNMENT 20 21 There being no further business, Vice Chairman Chaffee moved to adjourn the meeting. 22 Motion was seconded by Commissioner Cordero. 23 24 Commissioner Jiron — aye 25 Commissioner Chaffee - aye 26 Commissioner Marrujo - aye 27 Commissioner Cordero - aye 28 29 Motion was unanimously approved. Meeting adjourned at 4:07 p.m. 30 31 32 SEAL APPROVED BY 33 34 35 36 37 Art Ji �, hairman 38 39 40 SUBMITTED BY 41 42 —� 43 44 Ro ie R. Levey, Interim Executive Director 46 47 48 49 50 9