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09-18-2012 1 MINUTES OF A REGULAR MEETING OF THE 2 BOARD OF COMMISSIONERS OF THE 3 MESILLA VALLEY PUBLIC HOUSING AUTHORITY 4 September 18, 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 Jir6n called the meeting to order at 2:10 p.m. 14 15 2. ROLL CALL 16 17 18 MEMBERS PRESENT: Art Jir6n, Chairman 19 Arturo Marrujo, Commissioner 20 Felix Cordero, Commissioner (arrived at 2:18 p.m.) 21 Steve Pandak, Commissioner 22 23 MEMBERS ABSENT: None 24 25 STAFF PRESENT: Robbie R. Levey, Interim Executive Director 26 Sharon Hansen, Accountant 27 Lee Montague, Modernization/Maintenance Manager 28 Soly Robledo, Lead Eligibility Waiting List Specialist, 29 Annettie Machuca and Associates 30 Christine Gonzalez, Executive Assistant 31 32 STAFF ABSENT: Jesse Padilla, Interim Deputy Director (Excused) 33 34 GUESTS: Vicki Simons, League of Women Voters (departed 35 when meeting went into Executive Session.) 36 37 3. WELCOME AND INTRODUCTIONS 38 39 Chairman Jir6n asked if Ms. Simons from the League of Women Voters had any 4o questions for the Commissioners. Ms. Simons had no questions or comments and was 41 present only to observe the meeting. 42 43 4. PUBLIC INPUT 44 45 There were no comments from the public. 46 47 5. CONFLICT OF INTEREST 48 49 Chairman Jir6n asked if any Commissioner or staff member had any known conflict of 5o interest with any item on the agenda. No one expressed or revealed any conflicts. 1 1 6. EXECUTIVE SESSION — CLOSED TO THE PUBLIC PURSUANT TO §12-6-5 TO 2 12-6-14, NMSA 1978, AS AMENDED, to Conduct an Audit Exit Conference 3 4 Commissioner Pandak made a motion to close the open meeting and go into Executive 5 Session at 2:15 p.m. pursuant to §12-6-5 to 12-6-14, NMSA 1978, as amended, to 6 conduct an Audit Exit Conference with Accounting and Consulting Group, LLP, for the 7 Mesilla Valley Public Housing Authority, FY 11-12 Audit. Commissioner Marrujo 8 seconded the Motion. 9 to Commissioner Jir6n — aye 11 Commisioner Marrujo — aye 12 Commisioner Pandak — aye 13 14 Motion was approved on a vote of 3 aye votes, 1 Commissioner being absent. 15 Commissioner Cordero arrived late to the meeting; he arrived at 2:18 p.m. 16 17 Commissioner Marrujo made a motion to end the Executive Session at 2:40 p.m. and 18 returned to an Open Meeting at 2:41 p.m. Commissioner Pandak seconded the Motion. 19 20 Commissioner Jiron — aye 21 Commissioner Marrujo — aye 22 Commissioner Pandak— aye 23 Commissioner Cordero - aye 24 25 Motion was approved unanimously. The matter discussed in the Executive Session 26 was limited only to that specified in the Motion for closure. 27 28 7. APPROVAL OF REGULAR AGENDA 29 30 Chairman Jir6n asked for a motion to approve the regular Agenda. Commissioner 31 Pandak made a motion to approve the regular Agenda, and Commissioner Cordero 32 seconded the motion. 33 34 Commissioner Jir6n — aye 35 Commissioner Marrujo — aye 36 Commissioner Pandak - aye 37 Commissioner Cordero — aye 38 39 8. CONSENT AGENDA - Not applicable. 40 41 9. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING AND OF ANY 42 SPECIAL MEETINGS 43 44 Approval of Minutes from a Regular Meeting on August 21, 2012 45 46 Commissioner Marrujo asked a question regarding comments he remembered at a 47 previous meeting and asked about recent change orders at Robledo Ridge. He stated 48 that he recalled that the architect stated there would be no change orders and two 49 50 2 1 have now been requested. He questioned whether due diligence had been done. Ms. 2 Levey stated this would be discussed during her report. 3 4 Motion was made by Commissioner Marrujo to approve the Minutes of August 21, 2012. 5 Commissioner Cordero seconded the motion. 6 7 Commissioner Jiron — aye 8 Commissioner Marrujo — aye 9 Commissioner Cordero — aye 10 Commissioner Pandak — aye 11 12 Motion was unanimously approved. 13 14 10. RESOLUTIONS 15 16 Resolution No. 2012-29 — A Resolution Approving the Disposition of Computer 17 Equipment by the Mesilla Valley Public Housing Authority 18 19 Chairman Jiron asked what happens to the computers and equipment when the 20 Resolution is approved. Mr. Montague, Modernization/Maintenance Manager, stated 21 that a letter will need to be sent to the State Auditor stating that the Commissioners 22 have approved the disposal of equipment and then can dispose through an appropriate 23 disposal site after thirty days. 24 25 Chairman Jiron asked if any of the computer equipment still functioned. Mr. Montague 26 stated no and that it was not cost effective to keep or fix this equipment. 27 28 Motion was made by Commissioner Marrujo to approve Resolution No. 2012-29. 29 Motion was seconded by Commissioner Pandak. 30 31 Commissioner Jiron — aye 32 Commissioner Marrujo — aye 33 Commissioner Cordero — aye 34 Commissiner Pandak — aye 35 36 Motion was unanimously approved. 37 38 11. UNFINISHED BUSINESS 39 4o Discussion was held regarding scheduling a tour of Mesilla Valley Public Housing 41 Authority's properties. Ms. Levey stated that it had previously been decided that the 42 tour would take place on two separate days, since some of the properties to be toured 43 are in Anthony, New Mexico and other property is located in Hatch, New Mexico. After 44 some discussion, it was decided to postpone setting a date until the Interim Deputy 45 Director was present so that calendars could be coordinated. Commissioner Pandak 46 asked for prior notice for the tour in order to also coordinate his calendar. 47 48 Commissioner Jiron recommended that the attorney send a demand letter to NMHC, 49 requesting repayment of the $460,000 loan. By consensus of the Board it was decided 5o to have the attorney pursue this. 3 1 Ms. Levey updated the Board regarding a former employee who is suing the Housing 2 Authority. The attorneys are taking depositions. 3 4 12. NEW BUSINESS 5 6 Commissioner Marrujo asked if the Board needed to do anything or approve anything, 7 with the resignation of Commissioner Chaffee. Ms. Levey informed the Commissioners 8 that she had sent notification to the County and it was up to the Board of County 9 Commissioners to make a new appointment. She also notified the Mayor and other City 10 personnel. Chairman Jir6n stated that we had a previous person who was interested in 11 serving as a Commissioner; however, Ms. Levey stated that the appointment is up to 12 the County Commissioners. No further action on our part is needed. 13 14 Ms. Levey suggested that at the October regular meeting, an item be put on the agenda 15 to select a Vice Chairman to replace Vice Chairman Chaffee. 16 17 Management Reports 18 19 Report of Accountant 20 21 Ms. Hansen stated that this month's report includes financial statements for July 2012, 22 which is the first month of FY 2013 and are as follows: 23 24 The Mesilla Valley Public Housing Authority Conventional Program ended July 25 2012 with a net loss of $92,817. This loss is partly due to HUD funding Public 26 Housing on a calendar year basis while we are required to report our financials 27 on a fiscal year basis. For Calendar Year 2011, we received $622,631. For 28 January 2012 through July 2012, we have received $440,808. We will need to 29 receive an additional $181,823 from now through December 2012 to receive the 30 same amount as for Calendar Year 2011. The question is whether this will 31 happen or whether we will continue to remain funded at a very low level in an 32 effort by HUD to recapture most of our public housing cash balance which was 33 $1,542,873.61 as of July 31, 2012. We do not know that the current funding level 34 will continue through September 2012. Currently, we have received no funding 35 notices beyond this time frame. While this is not good news, it is typical of the 36 economic environment in which the Housing Authority operates. We budget for 37 the upcoming year and monitor the budgets on a monthly basis, but we never 38 have funding information for more than just a few months at a time. Another 39 contributing factor creating this July-end deficit was the expenditure of 40 $66,161.69 in extraordinary maintenance expenditures for roof repairs at Walnut 41 Grove. This was the final payment on a contract for roof repairs due to wind 42 damage. We filed an insurance claim which was paid in full by the end of FY 43 2012. 44 45 • For July 2012, Burley Court has a net loss of$472.73 due to a $5,835.18 46 expense for the refinancing of the Burley Court mortgage. As a result of the 47 refinancing, we will be paying $679.70 more per month, but with approximately 48 3'/2 times more of the payment going toward the principal balance that was 49 previously applied to principal and approximately 70% of the amount that was 50 4 1 previously paying interest expense. Additionally, there will not be a large balloon 2 payment due in five years. Ms. Hansen stated that she feels this was a very 3 positive move. 4 5 • The Section 8 Voucher program ended July 2012 with a net administrative 6 income of$7,788.04 after adjusting for the over-expended HAP funding in the 7 amount of$177,230.72. 8 9 • The MVPHA Business Activities fund ended July 2012 with a net income of 10 $1,613.37. 11 12 • The MVPHA Developer's Fees fund earned a net income of$22,605.70 in July 13 2012. 14 15 • Ms. Hansen also informed the Board that by the November Board meeting, she 16 hopes to have financials for Robledo Ridge. She needs to combine the data 17 from the Housing Authority database with that from the Robledo Ridge operating 18 account. 19 20. As soon as confirmation is received from the Dona Ana County Housing 21 Authority auditors that there are no audit adjustments to be made to the books, 22 Ms. Hansen will close the FY 2012 DACHA books and transfer all assets, 23 liabilities and equity accounts to MVPHA. 24 25 Resolution 2012-29 is being presented to the Board for approval to dispose of 17 26 broken and/or obsolete computers. In accordance with the rules of the Office of 27 the State Auditor, the hard drives were professionally erased before requesting 28 disposal and have the required certification from Kosh Solutions. 29 30 • The Mesilla Valley Public Housing Authority held its 218 Social Security election 31 on August 22, 2012. Of 19 employees, 16 voted to continue contributing to 32 Social Security. Since this was a majority-rule election, the Housing Authority 33 and its employees will continue contributing to Social Security. 34 35 Report of Housing Choice Voucher (HCV) Program Manager 36 37 Ms. Soly Robledo represented AMA and provided the following report: 38 39 Ms. Robledo stated that they are still selecting families from the waiting list. She 40 stated that in August, 74 from the Non Elderly Disabled list were selected, 24 41 responded, 12 were found eligible and 12 were not eligible, the remaining 50 are 42 scheduled to come in during the week of September 24, 2012. 43 44 • There are still 2,268 families on the waiting list and there are 362 vouchers 45 available to give out. Another selection of families will be done in September and 46 current plans are to interview in October. Commissioner Cordero asked why are 47 not more people selected to be notified since actually only about '/2 come in for 48 the interviews. Why not select a larger group so we could get a better response? 49 Commissioner Cordero feels if vouchers are not used, we will lose them. 50 5 1 Ms. Hansen explained that money we are receiving for the HCV is less than what we 2 spend. She went on to explain the Net Restricted Assets (NRA) stating that we do not 3 want to overspend. Currently each month, we are overspending the funding that we 4 receive from HUD. 5 6 Commissioner Jir6n then stated that his understanding is that we have vouchers, 7 but the Housing Authority does not have the funds to back them up. Ms. Levey 8 stated that we do have reserves that are being used, but there is a concern that i 9 the NRA is depleted, will HUD provide funds. Ms. Robledo stated we are trying 10 to add more families but, at the same time, cannot add too many because then 11 we may have to cut back and cancel some families out of the program. 12 13 Commissioner Jir6n asked what is criteria used for eligibility versus non-eligibility. 14 Ms. Robledo responded that items that they verify include: income, background 15 checks going back for the past 5 years, look at previous housing the families may 16 have had, and if families have any violations in their leases or family obligations. 17 18 Commissioner Marrujo asked if families can find affordable housing or are they 19 having difficulties. Ms. Robledo stated that families are not so much having a 20 problem finding a unit, but rather they are picky about where they want to live. 21 They are looking for units they don't qualify for. Ms. Levey stated that our rent 22 level is at 110% of fair market rental rate. Ms. Robledo also stated that 77 23 percent of vouchers are being utilized, 176 families are still waiting for AMA to 24 determine eligibility. 25 26 Report of Modernization/Maintenance Report 27 28 Mr. Montague discussed his report which included the following: 29 30 • Oak St. Apartments — The multi-purpose room is now 100 percent complete. He 31 is now in the process of searching for an architect to complete the design for the 32 two ADA apartments. 33 34 • Excess and Surveyed Property is ready for disposal. The Morgan Building and 35 storage shed have been sold after a formal bid process. Buildings were sold to 36 Mr. Russell Tharp of Las Cruces. 37 38 • A total of 17 computers, laptops and CPUs have had the hard drives 39 magnetically erased and are waiting for approval of Resolution 2012-29 before 40 proceeding with the disposal process. 41 42 • Speed bumps are being installed in the parking lots of 926 S. San Pedro in order 43 to reduce the speed of traffic in and around the MVPHA building and increase the 44 safety of employees, our tenants and visitors. 45 46 • The Maintenance Department has started to carry common usage items in its 47 inventory located in the Maintenance warehouse which will greatly reduce the 48 amount of time the Maintenance Staff spends on trips to the local stores which, in 49 turn, will result in more time on the job sites and reduced fuel consumption. 50 6 1 • From August 1 to September 10, 2012, the Maintenance Department has 2 completed a total of 16 units, 9 Conventional and 7 apartment units. 3 4 Report of Housing Programs Manager 5 6 In the Housing Programs Manager Report, Ms. Levey reported the following on behalf 7 of Mr. Padilla: 8 9 • Ms. Levey stated that Ms. Tarin is still working as Admissions Coordinator and 10 processing applicants for public housing. 11 12 • Ms. Levey stated that the Mesilla Valley Community of Hope received funding 13 from MFA for rental assistance for homeless veterans and those veterans will be 14 processed into Oak Street. Those veterans who are already at Oak Street will 15 have the option to participate in social services offered, but those in the new 16 program, will be required to take part in those services. 17 18 Commissioner Pandak stated that he was under the impression that those 19 already there would not be allowed to participate. Ms. Levey stated that per 20 Nicole those already there could participate in the social services, but it is not a 21 requirement. They are not eligible for rental assistance. 22 23 • Ms. Levey stated that when the ADA units are finished, there will be a grand 24 opening. 25 26 • Robledo Ridge and SBNC/Burley Court Programs are opening their waiting lists. 27 28 o The total number of existing applications for Robledo Ridge are as follows: 29 30 1 bdrm-16 2 Bdrm-4 3 bdrm-5 4 bdrms-0 5 bdrm-0 31 32 33 o The total number of existing applications for Burley Court are as follows: 34 35 1 Bdrm-15 2 Bdrm-2 36 37 • August Application Statistics: 38 39 Total number of applicants in Public Housing — 181 40 Number of applications closed — 10 41 42 o 4 Unfavorable credit and criminal reports 43 o 4 Missed final screening appointments 44 o 2 Paperwork not submitted by deadline 45 46 o Number of Units Offered — 5 47 48 No vacancy data submitted for Robledo Ridge for August 2012. This is an 49 ongoing tax credit development. 50 7 1 • S8 New Construction Jardines Verdes — Currently has a 3 percent vacancy rate. 2 • Conventional —Walnut Grove, Tres Arboles, and San Pedro Place — There is 3 currently a 4 percent vacancy factor. 4 • Oak Street Apartments — there is currently a 30 percent vacancy factor. 5 • Almendra Apartments — there is a 17 percent vacancy factor. 6 • Pecos Street Apartments — there is a 20 percent vacancy factor. 7 8 Report of Interim Executive Director 9 to Ms. Robbie Levey spoke briefly on the following: 11 12 • The NMHC has confirmed its consent for the termination/dissolution of the LLC 13 and LLLP for the Village at Falcon Ridge. Attorney Mark Berry will prepare the 14 legal documents for the MVPHA Board to approve and they should be available 15 at the next meeting. 16 17 • Robledo Ridge — is moving along. The contractor is completing units. Vanessa 18 Villegas will be moving out to her office at Robledo Ridge in a few weeks. 19 20 An RFP for Developer Services was published. Deadline for receipt of proposals 21 was extended to September 27, 2012 so we would have adequate time to reply 22 to questions. 23 24 • Closed on Oak Street Refinance; NMHC is no longer part of the mortgage. 25 26 • Almendra Apartments Refinance — Bank has to release the parcel of land from 27 mortgage that is to be sold to Mr. Kroger and bank holding the mortgage is 28 looking into our request to release. Ms. Levey believes we should have that 29 Resolution pertaining to Almendra ready for the next Board Meeting. Mr. Kroger 30 has been advised. 31 32 • Ms. Levey stated that she and Mr. Padilla will be interviewing for the new part- 33 time Admissions Coordinator on Wednesday, September 19, 2012 and feels they 34 have received a good selection of applicants. 35 36 • Villa Sereno Community Center — Ms. Levey stated that there is still much to be 37 done in order to get this transferred to the City of Anthony. One of the 38 recommendations from the HUD Field Office was to use a long-term lease with 39 the City of Anthony. Mr. Berry, attorney, has been in communication with the 40 Director at the Special Applications Center (SAC) at HUD in Chicago. There is 41 red tape involved in actually transferring the center to the City of Anthony 42 including an environmental study, resident consultations (with meeting 43 announcements, agenda sign in sheets), meeting with the Resident Advisory 44 Board, the City of Anthony would have to run the facility for the purpose they 45 state, with restrictions on the property to insure they do not forget what they 46 promised, etc. 47 48 • Under the Vash Program, Ms. Denise Emery, stated that seven participants have 49 completed the program and now they are working on getting S8 voucher. That 50 8 1 helps the S8 Voucher program since 7 more vouchers will be utilized and more 2 VASH vouchers would become available. 3 4 Ms. Levey updated the Board regarding a former employee who is suing the 5 Housing Authority. The attorneys are currently taking depositions. 6 7 NAHRO is having a national conference at the end of October, which will include 8 basic training for Commissioners. She also received a notice from Nelrod 9 informing her of another Commissioners training to be held in the Spring. 10 Deadline for "early bird" registration fee for NAHRO is September 27, 2012. 11 Commissioner Pandak stated that he would like to attend Fundamentals Training 12 for Commissioners on October 26 and 27, 2012. 13 14 Chairman Jiron stated that the Commissioners have committed to form a group which 15 is coherent, who work together, and have the same purposes, and he believes that 16 training is very important so that everyone is at the same level. Chairman Jiron asked 17 for some type of outline to look at so they can review and choose what they might want 18 to attend. 19 20 12. ADJOURNMENT 21 22 There being no further business, Commissioner Pandak made a motion to adjourn. 23 Motion was seconded by Commissioner Marrujo. 24 25 Commissioner Jiron - aye 26 Commissioner Marrujo - aye 27 Commissioner Cordero — aye 28 Commissioner Pandak - aye 29 30 Motion was unanimously approved. Meeting adjourned at 3:27 p.m. 31 32 33 SEAL APPROVED BY 34 35 36,11 37 38 — Arlt Jir ha'rman 39 1 40 41 SUBMITTED BY 42 43 44 45 46 Robbie R. Levey, Interim Executi e D ector 47 48 49 50 9