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
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9