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08-21-2012 1 MINUTES OF A REGULAR MEETING OF THE 2 BOARD OF COMMISSIONERS OF THE 3 MESILLA VALLEY PUBLIC HOUSING AUTHORITY 4 5 August 21, 2012 6 7 8 The regular meeting of the Board of Commissioners of the Mesilla Valley Public 9 Housing Authority was held in the Main Conference Room located at 926 S. San Pedro 10 Street, Las Cruces, New Mexico 88001. 11 12 1. CALL TO ORDER 13 14 Chairman Art Jiron called the meeting to order at 2:01 p.m. 15 16 2. ROLL CALL 17 18 19 MEMBERS PRESENT: Art Jiron, Chairman 20 Ralph Chaffee, Vice-Chairman 21 Steve Pandak, Commissioner 22 23 MEMBERS ABSENT: Arturo Marrujo, Commissioner (Excused) 24 Felix Cordero, Commissioner (Excused) 25 26 STAFF PRESENT: Jesse Padilla, Interim Deputy Director 27 Sharon Hansen, Accountant 28 Lee Montague, Modernization/Maintenance Manager 29 Annettie Machuca, AMA 30 Christine Gonzalez, Executive Assistant 31 32 STAFF ABSENT: Robbie R. Levey, Interim Executive Director 33 (Excused) 34 35 GUESTS: Vicki Simons, League of Women Voters 36 37 3. WELCOME AND INTRODUCTIONS 38 39 Chairman Jiron asked the visitor to introduce herself. Ms. Vicki Simons stated she is 4o representing the League of Women Voters. 41 42 4. PUBLIC INPUT 43 44 None 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 Chairman Jiron asked if anyone had any comments regarding the agenda. He then 4 asked for a vote on the motion to approve. 5 6 Commissioner Pandak made a motion to approve the regular agenda. Motion was 7 seconded by Commissioner Chaffee. 8 9 Commissioner Jiron — aye 10 Commissioner Chaffee — aye 11 Commissioner Pandak — aye 12 13 Motion approved approved on 3 AYE votes, as 2 Commissioners were absent. . 14 15 7. CONSENT AGENDA — Those items on the Agenda Indicated by an Asterisk (*) 16 are on the Consent Agenda and will be voted on by one motion. NIA 17 18 8. APPROVAL OF THE MINUTES OF THE PREVIOUS REGULAR MEETING AND OF 19 SPECIAL MEETINGS, IF ANY 20 21 Approval of the Minutes from the Regular Meeting on July 17, 2012 22 Approval of the Minutes from the Special Meeting of August 9, 2012 23 24 Motion was made by Commissioner Pandak to approve the Minutes of the Regular 25 Meeting of July 17, 2012 and the Special Meeting of August 9, 2012. Motion was 26 seconded by Commissioner Chaffee. 27 28 Chairman Jiron asked if anyone had any comments; he then asked for a vote on the 29 motion to approve both meeting minutes. 30 31 Commissioner Jiron — aye 32 Commissioner Chaffee — aye 33 Commissioner Pandak — aye 34 35 Motion was approved on 3 AYE votes, as 2 Commissioners were absent. 36 37 9. RESOLUTIONS 38 39 Before starting discussion and voting on the Resolutions, Chairman Jiron stated that 4o Resolution No. 2012-27 is tabled for discussion at a future meeting. This action was 41 requested by Chairman Jiron at the direction of the Housing Authority's Attorney Gianna 42 Mendoza. 43 44 Resolution No. 2012-26 — A Resolution Approving the Mesilla Valley Public 45 Housing Authority Section 8 Management Assessment Program (SEMAP) 46 Evaluation FYE 2012 47 48 Chairman Jiron stated that his understanding is that this is mandated by HUD and is an 49 annual measure of performance. According to the indicators, the Mesilla Valley Public 5o Housing Authority has a high performance standard. 2 1 Chairman Jiron then asked for a motion to approve. Commissioner Pandak made a 2 motion to approve Resolution 2012-26 and Chairman Chaffee seconded the motion. 3 4 Commissioner Jiron - aye 5 Commissioner Chaffee - aye 6 Commissioner Pandak — aye 7 8 Motion was approved on 3 AYE votes, as 2 Commissioners were absent. 9 10 Resolution 2012-28 —A Resolution Approving the Final Revision to the 11 Fiscal Year 2012 Operating Budgets 12 13 Ms. Hansen stated that we are making the revisions to the budget to reflect what has 14 actually happened in the fiscal year. Chairman Jiron stated that he understands that the 15 budget has been impacted by transfer of funds from Dona Ana County. However, Ms. 16 Hansen stated that the budget has been impacted by various transactions, including the 17 transfer of funds from Dona Ana County, by Robledo Ridge activities, by incorporating 18 depreciation, and Fund 06 which is to be reimbursed by Dona Ana County. 19 20 Vice Chairman Chaffee asked about a transfer of over $2 million dollars from the 21 previous entity to the new entity and asked if this is a transfer on a current account. Do 22 you normally carry $2 million dollars in a demand account as opposed to putting that 23 money in an interest earning account? Ms. Hansen explained that it is an interest 24 earning "sweep" account with the bank. Vice Chairman Chaffee then stated that was 25 what he needed to know and was satisfied with the response from Ms. Hansen. 26 27 Chairman Jiron asked for a motion to approve. Commissioner Pandak made a motion 28 to approve Resolution 2012-28. Motion was seconded by Vice Chairman Chaffee. 29 30 Commissioner Jiron — aye 31 Commissioner Chaffee — aye 32 Commissioner Pandak — aye 33 34 Motion was approved on 3 AYE votes, as 2 Commissioners were absent. 35 36 10. UNFINISHED BUSINESS 37 38 None. 39 40 11. NEW BUSINESS 41 42 Management Reports 43 44 Report of Accountant 45 46 In her August 14, 2012 memorandum to the Board, Ms. Hansen included financial 47 statements for FY 2012 ending June 30, 2012 and she also reported the following: 48 49 50 3 1 • The Mesilla Valley Public Housing Authority (MVPHA) Conventional (public 2 housing) program ended FY 2012 with a net loss of $113,502.06 before 3 depreciation. As a reminder, the former director budgeted a $284,286 deficit for 4 this program. 5 6 • Through June 2012, Burley Court has a net income of $135,719.14 and Valley 7 Vista (Robledo Ridge) has a net income of$27,634.56 after adjusting for the 8 Transfer in/Transfer Out line items required due to the separation of the Section 9 8 New Construction project between Burley Court and Valley Vista (Robledo 10 Ridge). A significant portion of the Burley Court income is a result of Burley Court 11 receiving $81,947.93 in April which is its pro-rated share of the bond payoff 12 proceeds. 13 14 • The Section 8 Voucher program ended June 2012 with a net administrative 15 income of$37,440.79 after adjusting for the over-expended HAP funding in the 16 amount of$1,301,665.95. 17 18 • The MVPHA Business Activities fund ended June 2012 with a net income of 19 $173,320.18 before depreciation. 20 21 • The MVPHA Developer's Fees fund earned a net income of$362,745.55 for 22 Fiscal Year 2012. 23 24 . The Dona Ana County Housing Authority checking account was closed on July 25 25, 2012. The $2,185,715.96 balance was transferred into the checking account 26 of the Mesilla Valley Public Housing Authority via wire transfer. 27 28 • Resolution 2012-28 is being presented to the Board for the final revision of the 29 FY 2012 Budget. With the revision, the total net loss increased by $52,664. 30 Most of the increase is a result of non-cash items that were either not included in 31 the original budget or were underbudgeted, such as: 32 33 1. Depreciation of$200,443. This amount was not originally budgeted. 34 35 2. The fund that is used strictly to track expenditures for the Dona Ana County 36 Housing Authority is not budgeted since it is fully reimbursed by the Dona Ana 37 County Housing Authority. These expenses totaled $163,999. 38 39 3. Cost of Sales on home sales was $231,000. This amount includes removing 40 the cost of the asset, with all improvements, from our books. 41 42 Chairman Jiron asked if Ms. Hansen anticipated any problems. Response was no. 43 There were no additional questions from any Commissioner. 44 45 Housing Choice Voucher Program Manager 46 47 Ms. Annettie Machuca, AMA, briefly discussed her August 21, 2012 report to the Board 48 of Commissioners. 49 50 4 1 She informed them that the current families on the waiting list total 2,340. Families 2 selected from the waiting list in July were 300. Of those, 129 families responded, 171 3 families did not respond, 13 were ineligible and 116 are waiting final eligibility. There is 4 a total of 119 families holding a voucher and looking for a unit. 5 6 Under the IMS-PIC, the HCV Department's reporting rate for the month of June is 97%. 7 8 Ms. Machuca informed the commissioners that there are 1654 total families in ACC 9 units, 1274 with leased units and the Program is at 77% utilization. Ms. Machuca asked to if anyone had any questions and there were no other questions. 11 12 Modernization/Maintenance Manager 13 14 In his August 9, 2012 memorandum, Mr. Montague reported on the following: 15 16 • Walnut Grove reroofing project is complete. This is a PH insurance funded 17 project. 18 19 • Walnut Grove exterior painting of all units is complete, CFP funds were used. 20 21 • MVPHA is in the process of disposing two excess storage buildings. The State 22 Auditor was notified of our intention to sell these buildings, and the 30-day 23 requirement expired on July 29, 2012. Advertisements for the sale of two excess 24 buildings were submitted to the Las Cruces Sun News on August 7, 2012. This 25 disposition will be done in accordance with MVPHA Procurement Policy Section 26 20. 27 28 • Cost saving measures that were installed in the Maintenance Department on 29 July 1, 2012 have resulted in significant savings. All deferred work requires prior 30 approval by Management. 31 32 Total for Feb through June totaled $32,358.70 33 Monthly Average ($32,358.70 divide by 5 mos.) _ $ 6,471.74 34 July total was $2,947.75 minus from $ 6471.74 = $ 3,523.99 35 Total mo. average savings = $3,523.99 x 12 mos = $42,287.88/ 36 savings per year 37 38 The Housing Authority will have other cost savings effective this month. The 39 Housing Authority will not be deferring any furnace work, water heater, or gas 40 repairs. That work will be done in house resulting in additional savings for this 41 month. 42 43 We will be deferring other work such as electrical work which cannot be done in 44 house. 45 46 Mr. Montague also informed the Commissioners that he has two staff meetings 47 per month. These meetings are used to address staff issues, work orders, cost 48 savings and safety. 49 50 In the last 30 days, the Maintenance Department has completed 23 units. 5 1 Housing Programs Manager/Interim Executive Director Report 2 3 • Mr. Padilla mentioned that his part-time employee, the Admissions Coordinator, 4 will be promoted to a full time Rental Assistant Specialist since one of the full s time RAS will be going over to Robledo Ridge. 6 7 • He also discussed vacancies at Oak Street, stating that Wooten Construction 8 should complete their work by this Wednesday, August 22, 2012, and veterans 9 can start moving in on Monday. Nicole with Community of Hope has list of 10 veterans who can come into the Program and hopefully they will be moving in by 11 August 27, 2012. There are currently nine vacancies which should be filled. 12 13 • Commissioner Pandak stated that Mr. Padilla's information is not completely true 14 as he was just informed by Nicole at Community of Hope that all veterans are 1s required to provide certified copies of their birth certificates, a requirement he 16 was not aware of. He stated that he is not sure all nine units will be filled by 17 Monday, August 27, 2012, since it takes time to get certified birth certificates 18 from other states. 19 20 Chairman Jiron asked for clarification on "Eviction for nonpayment" and "Eviction 21 for cause." Mr. Padilla explained that "Eviction or Nonpayment" is payment that 22 is not made and "Eviction for Cause" means the person was found guilty of drug 23 activity, bothering neighbors, etc. Chairman Jiron asked if most of these people 24 with evictions go to court. Mr. Padilla responded that approximately 50 percent 25 end up in court. 26 27 Mr. Padilla then stated that before going on, he feels that the Chairman needs to go into 28 closed session as the Housing Authority Attorney is expecting a call. 29 30 12. EXECUTIVE SESSION — CLOSED TO THE PUBLIC PURSUANT TO 31 §10-15-1(H)(7) NMSA 1978 32 33 Vice Chairman Chaffee made a motion to close the Open Meeting and go into 34 Executive Session at 2:25 p.m. pursuant to §10-15-1(H)(7) NMSA 1978, to conduct 35 discussion on pending litigation. Motion was seconded by Commissioner Pandak. 36 37 Commissioner Jiron — aye 38 Commissioner Chaffee — aye 39 Commissioner Pandak— aye 40 41 Motion was approved on 3 AYE votes, since 2 Commissioners were not present. 42 43 Commissioner Chaffee made a motion to end the Executive Session and return to an 44 Open Meeting at 2:55 p.m. Commissioner Pandak seconded the motion. 45 46 Commissioner Jiron - aye 47 Commissioner Chaffee — aye 48 Commissioner Pandak — aye 49 50 6 1 Motion was approved on 3 AYE votes, since 2 Commissioners were not present. The 2 matter discussed in the Executive Session was limited only to that specified in the 3 motion for closure. 4 5 Interim Executive Director Report 6 7 Mr. Padilla then continued his report to the Board on behalf of the Interim Executive 8 Director. 9 10 • He congratulated Chairman Jir6n on being selected as the New Mexico NAHRO 11 Commissioner of the Year. 12 13 • He also stated that we received official notification from HUD that the Public 14 Housing Programs for Dona Ana County Housing Authority and the Housing 15 Authority of the City of Las Cruces have been consolidated retroactive to July 1, 16 2012. 17 18 • Mr. Padilla also mentioned that H.E.R.O. has submitted their check of$1000.00 19 to the Housing Authority for the option to purchase the land in Hatch, New 20 Mexico. H.E.R.O. would like to replace HACLC as the 51% member in the LLC. 21 Mr. Tom Andrews, Thomas Development Group and developer for Tierra del Sol, 22 is also requesting past tax returns. The Housing Authority's attorney has advised 23 the Housing Authority to dissolve both the LLC and the LLLP which lists Tom 24 Hassell as the 99% limited partner of the LLLP. Mr. Andrews has been notified 25 of this and has agreed to the dissolution. 26 27 • Vice Chairman Chaffee asked if the option to purchase the land in Hatch still 28 remains as was discussed at last month's meeting - they will be paying for full 29 purchase price of land and negotiate the contract? Mr. Padilla stated that 30 nothing has changed, but now by dissolving the partnership we would not have 31 any connection with them. 32 33 Other items discussed in the Interim Executive Director's report included: 34 35 • Villa Sereno Community Center in Anthony is still on hold to see what has to be 36 done with it to transfer ownership. 37 38 • RFP for Developer Services was prepared and the advertisement has been 39 placed in the legal ads in the Sun News. Deadline for receipt of proposals is now 40 September 17, 2012. 41 42 • Robledo Ridge Apartments — Mr. Padilla stated that he believes we are going to 43 have 5 to 8 units ready and we are waiting notification that the temporary 44 certificates of occupancy have been issued so that families can begin moving 45 into the new and rehabbed units. Phase II will concentrate construction in a 46 single area, which should make it easier for the contractor, as well as for the 47 families. Mr. Tom Hassell notified the Housing Authority that funds were not 48 awarded for the Affordable Housing Program grant application to Federal Home 49 Loan Bank of Dallas (FHLB). 50 7 1 • Oak Street Apartments — Additional delays have been encountered and the 2 contractor is now expecting to have the work completed by August 22, 2012. 3 Remaining work includes the installation of utilities, the balance of the sidewalk 4 and paving the parking lot. The majority of funding for this new construction 5 came from capital outlay from the State of New Mexico. This contract has been 6 a learning experience for us, and we are coming away from this much wiser than 7 before. The contract with Wooten Construction for construction of the multi- 8 purpose room at Oak Street Apartments had been executed by the former 9 Executive Director using Procurement Services through Cooperative Educational 10 Services. 11 12 12. ADJOURNMENT 13 14 There being no further business, Commissioner Pandak made a motion to adjourn the 15 meeting. Motion was seconded by Commissioner Chaffee. 16 17 Commissioner Jiron - aye 18 Commissioner Chaffee - aye 19 Commissioner Cordero — aye 20 21 Motion approved on 3 AYE votes, since 2 Commissioners were not present. Meeting 22 adjourned at 3:00 p.m. 23 24 25 SEAL APPROVED BY 26 2728 / 29 30 Art 'n,'rhairman l 31 32 33 SUBMITTED BY 34 35 _- 3 6 a ? tr , 37 c t ,v_ �" V1. �a 177 38 Jesse Padilla, Interim Deputy Director 39 40 41 42 43 44 45 46 47 48 49 50 8