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10-16-2012 1 MINUTES OF A REGULAR MEETING OF THE 2 BOARD OF COMMISSIONERS OF THE 3 MESILLA VALLEY PUBLIC HOUSING AUTHORITY 4 October 16, 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 2:05 p.m. 14 15 2. ROLL CALL 16 17 18 MEMBERS PRESENT: Art Jiron, Chairman 19 Arturo Marrujo, Commissioner 20 Steve Pandak, Commissioner 21 22 MEMBERS ABSENT: Felix Cordero 23 24 STAFF PRESENT: Robbie R. Levey, Interim Executive Director 25 Jesse Padilla, Interim Deputy Director 26 Sharon Hansen, Accountant 27 Lee Montague, Modernization/Maintenance Manager 28 Annettie Machuca, Administrator, AMA 29 Christine Gonzalez, Executive Assistant 30 31 STAFF ABSENT: None 32 33 GUESTS: None 34 35 3. WELCOME AND INTRODUCTIONS 36 37 Chairman Jiron welcomed everyone to the meeting today and acknowledged that there 38 were no visitors present. 39 4o 4. PUBLIC INPUT 41 42 No one was in attendance from the public. 43 44 5. CONFLICT OF INTEREST 45 46 Chairman Jiron asked if any Commissioner or staff member had any known conflict of 47 interest with any item on the agenda. No one expressed or revealed any conflicts. 48 49 50 1 1 6. APPROVAL OF REGULAR AGENDA 2 3 Chairman Jiron stated that Item No. 12 on today's agenda is being excluded at his 4 request. 5 6 Chairman Jiron asked again if anyone had any conflict of interest. 7 8 Chairman Jiron asked for a motion to approve the regular Agenda. Commissioner 9 Pandak made a motion to approve the regular Agenda, and Commissioner Marrujo 10 seconded the motion. 11 12 Commissioner Jiron — aye 13 Commissioner Marrujo — aye 14 Commissioner Pandak — aye 15 16 Motion was approved on a vote of 3 ayes to approve the Agenda as written. 17 18 7. CONSENT AGENDA - Not applicable. 19 20 8. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING AND OF ANY 21 SPECIAL MEETINGS 22 23 Approval of Minutes from a Regular Meeting on September 18, 2012 24 25 Commissioner Jiron asked for a motion to approve the Minutes. Commissioner Steve 26 Pandak made a motion to approve the Minutes of September 18, 2012 as written. 27 Motion was seconded by Commissioner Marrujo. 28 29 Commissioner Jiron — aye 30 Commissioner Marrujo — aye 31 Commissioner Pandak — aye 32 33 Motion was approved on a vote of 3 ayes. 34 35 9 RESOLUTIONS 36 37 Resolution No. 2012-27 —A Resolution to Approve the Sale of a Parcel of Land 38 Behind Almendra Apartments, Owned by Mesilla Valley Public Housing Authority, 39 to Mr. Jim Kroger 40 41 Chairman Jiron stated that we will introduce the Resolution, ask for a motion, then 42 between the Motion and voting, he will open for discussion. The first Resolution was 43 Resolution 2012-27 regarding the Sale of a Parcel of Land Behind Almendra 44 Apartments to Mr. Jim Kroger at a price of $2,500. Commissioner Pandak then asked if 45 this had not been approved at a previous meeting. Response was no from 46 Commissioner Jiron. The item was discussed, but resolution was not approved. Ms. 47 Levey then stated that in 2010, the former Executive Director had signed a contract with 48 Mr. Kroger that was not valid since there was no Board approval. The bank that held 49 the mortgage would not approve the removal of this portion of land from the mortgage 5o without the proper documentation. 2 1 Commissioner Marrujo asked how was the price of $2,500 agreed upon.as the price for 2 this parcel. Ms. Levey briefly explained that this was the appraisal amount done at that 3 time and was part of the current agreement between attorneys. 4 5 Chairman Jir6n asked for a motion. Commissioner Pandak made a motion to approve 6 Resolution 2012-27 and motion was seconded by Commissioner Marrujo. 7 8 Commissioner Jir6n — aye 9 Commissioner Marrujo — aye to Commissioner Pandak — aye 11 12 Motion was approved on a vote of 3 ayes. 13 14 Resolution 2012-30 A Resolution Restating the Threshold for Property 15 Capitalization and Decreasing the Threshold for Property Requiring Inventory 16 Tagging for the Mesilla Valley Public Housing Authority 17 18 Chairman Jir6n then introduced Resolution 2012-30 which he understands is to 19 maintain the capitalization threshold at $5,000 and also decrease the inventory tagging 20 threshold to $250.00, except for ranges, stoves, computer CPUs, laptops and computer 21 monitors that have to be tagged regardless of price. Ms. Hansen clarified that the 22 former Executive Director only wanted anything priced at $5,000 and above to be 23 tagged. None of the computer equipment, laptops, etc. was tagged since that 24 equipment did not have a price of$5,000 or more. This Resolution would reduce the 25 threshold from $5,000 to $250.00 and anything valued at $250.00 or above would be 26 tagged, with the exception of monitors, computers, CPU's, etc., which are to be tagged 27 regardless of their cost. Also, we will continue to tag appliances such as stoves, 28 washers, dishwashers, etc., regardless of their cost, as required by HUD. 29 30 Chairman Jir6n asked for any further discussion on Resolution 2012-30, and he then 31 asked for a motion. Commissioner Pandak made a motion to approve Resolution 2012- 32 30; motion was seconded by Commissioner Marrujo. 33 34 Commissioner Jir6n — aye 35 Commissioner Marrujo — aye 36 Commissioner Pandak — aye 37 38 Motion was approved on a vote of 3 ayes. 39 40 Resolution 2012-31 —A Resolution Authorizing the Interim Executive Director to 41 Execute Certain Documents on Behalf of the Mesilla Valley Public Housing 42 Authority in Connection with the Dissolution and Termination of the Village at 43 Falcon Ridge, LLC and the Village at Falcon Ridge LLLP 44 45 Chairman Jir6n then stated that he does not know what LLC and LLLP mean. Ms. 46 Levey explained that LLC means Limited Liability Company and LLLP means Limited 47 Liability Limited Partnership. Ms. Levey went on to explain that this involves an extra 48 piece of land at the Village at Falcon Ridge, in Hatch, New Mexico, that was not needed 49 when the Housing Authority built the Falcon Ridge Apartments. Tierra del Sol is seeking 50 3 1 to purchase this extra piece of land and wants to keep the organizational documents in 2 place. However, our attorney recommended that we dissolve these partnerships and 3 that Tierra del Sol form their own partnerships. This Resolution would allow the 4 Housing Authority to dissolve the two LLC and the LLLP. We would then submit 5 documents to the State of New Mexico for dissolution. Chairman Jir6n then asked if 6 anyone had any other comments. 7 8 Chairman Jir6n asked for a motion. Commissioner Pandak made a motion to approve 9 Resolution 2012-31 and this motion was seconded by Commissioner Marrujo. 10 11 Commissioner Jir6n — aye 12 Commissioner Marrujo — aye 13 Commissioner Pandak — aye 14 15 Motion was approved on a vote of 3 ayes. 16 17 10. Unfinished Business 18 19 Schedule Date to Tour Housing Authority Properties 20 21 Chairman Jir6n stated that this item was back on the agenda because Mr. Padilla was 22 not present at the last meeting and he was the key person to help schedule the tour. 23 Mr. Padilla then stated that he is available whenever the Commissioners would like to 24 do this tour. After some discussion, a date of December 4, 2012 was suggested at 10 25 a.m. to tour the Las Cruces properties only. Chairman Jir6n then stated that this tour 26 would be at 9 a.m. However, the other Commissioners preferred a time of 10:00 a.m. 27 A tour of Anthony and Hatch properties would be scheduled at a later time. It was 28 agreed by all Commissioners present that the tour of properties in Las Cruces would 29 take place on December 4, 2012 at 10 a.m. 30 31 11. NEW BUSINESS 32 33 Election of a Vice Chairman for the Board of Commissioners 34 35 Chairman Jiron stated that because of the resignation of one Commissioner, the Board 36 has a vacancy for a Vice Chairman. 37 38 Commissioner Pandak then stated he would like to nominate Commissioner Arturo 39 Marrujo as the new Vice Chairman. Nomination was seconded by Chairman Jir6n. 4o Before finalizing, Chairman Jir6n asked each Commissioner to give a three-minute 41 presentation on what the position means to each Commissioner, what their 42 understanding is of the Commissioner's job, how they are an influence to the 43 organization, how much involvement, and what are the benefits. He stated each 44 Commissioner would have three minutes so that he could learn of their philosophy. 45 46 Commissioner Marrujo thanked the Commissioners for nominating him and stated he 47 does not believe in titles because he feels that all the Commissioners are here as a 48 group to serve the Housing Authority. Commissioner Marrujo stated that he believes 49 the position of Vice Chair is to fill in when the Chairman is absent. He also stated he 50 4 1 strongly believes in the mission of affordable housing, whether it be rentals, single- 2 family homeownership, or developing property in the City of Las Cruces and Dona Ana 3 County. He stated that the Commissioners are here to serve all of southern New 4 Mexico. He stated that he feels we need to make our voice heard in Santa Fe and in 5 Albuquerque with MFA. 6 7 Chairman Jiron asked Commissioner Marrujo to suggest how we could become a 8 strong Board. Commissioner Marrujo responded that he believes training helps 9 commissioners learn a lot of logistics in being on a board; one learns the do's and the to don'ts but not necessarily by just attending national conferences. He believes it is more 11 important to be in tune with the community is the best training we will ever get, by 12 listening to the community, by listening to the employees of the Housing Authority, that 13 should assist in making this a successful Board. He believes in an open door policy. 14 He understands that the Commissioners cannot interact with clients and should not 15 interact with clients, but they could get together with Ms. Levey and managers to 16 resolve problems that may be brought to their attention. If there are problems, people 17 should not be afraid to come to the Board. 18 19 Being in touch with the community - Chairman Jiron stated he struggles with that and 20 wants to know if there is a way the Commissioners "can say no without breaking the 21 rules." He asked if there is a possibility of talking to a person or going to this group that 22 would profit us as a Board. In turn, the Commissioners can come here to the Housing 23 Authority and be intelligent enough. Is there a way to communicate to each other, for 24 example, if there is a senator in town and we should talk to him about something, can 25 one Commissioner let the Chairman know and he will let the other commissioners know, 26 can we do that? Commissioner Marrujo stated he believes there is a way, adding that 27 they should never stop learning. They should attend city council meetings, attend 28 Board of County Commissioners' meetings, can sit in on the meetings and learn what is 29 going on in the community. 30 31 Commissioner Pandak stated that he believes the Commissioners should be working 32 primarily for the entire City and the entire County as well as work for the people in the 33 Housing Authority. He feels Commissioners need to be dedicated, provide whatever 34 assistance is needed by the Housing Authority, be willing to participate, need to be in 35 these meetings on time. 36 37 Commissioner Pandak stated that his primary function when he joined the Board is to 38 find a way to increase and/or retain the Section 8 landlords. He stated in his opinion, 39 we are losing landlords, and gave an example of what happened in his particular case. 4o He feels the Housing Authority lost 300 plus units because of the way his landlord was 41 being treated by Section 8 staff. He is willing to go out and talk to landlords personally 42 to try and get them back after talking with someone in authority with Section 8. 43 Commissioner Pandak wants to know where does legal authority start or end for the 44 Board to do something about Section 8. 45 46 Commissioner Jiron stated that he has a problem with communication. He feels that we 47 do not have continuity, that sometimes only one person is told about what is going to be 48 corrected and no one else knows. Commissioner Jiron stated he does not want to be 49 the person who you are to answer to, but wants to be the person who knows about what 50 5 1 is going on. If staff or a Commissioner knows of something or has heard something 2 negative or possibility of betterment about the Housing Authority, he wants to know 3 about it. If letters go to the Mayor or any correspondence goes out he wants to be 4 made aware of any issues, specifically, he wants to be on the distribution list. 5 6 Chairman Jiron stated that he feels there is a difference between the duties of the 7 Commissioner and the duties of the staff who do the actual work. He stated he can get 8 overzealous and may want to run their business; however, the Commissioners cannot 9 do that. We need to stick by the law. Commissioner Pandak asked what can we do as to a Board to get landlords back into the Section 8 program. The way they are being 11 treated is causing us to lose them. Commissioner Pandak asked what are our legal 12 standings and what can we do as a Board. Chairman Jiron stated that are many books 13 that can explain the Commissioner's duties. Commissioner Pandak asked where can 14 he find them, and he was informed he can request those books from Chairman Jiron. 15 16 Ms. Machuca stated that being the Section 8 Manager, there are regulations that must 17 be followed which are really strict on what we can or cannot do. We cannot manage the 18 unit for the owner or for the family. Section 8's role is to enforce the lease; this is a 19 three-party contract. The family has a lease with the owner and we have a contract with 20 the family and our responsibility through the contract is to enforce the lease. What may 21 be happening is that some families do not follow the lease. If that is the case, the 22 landlord needs to take action against those families and sometimes assistance is lost. 23 There is nothing we can do to restitute what the family damage is to the unit. We do not 24 determine suitability for the family or for the owner. We can only encourage owners to 25 call prior owners. 26 27 Chairman Jiron stated that what Ms. Machuca just said is what he was trying to say, 28 that that is Section 8's duty, not the Commissioners' duty, unless the Housing Authority 29 asked us to do something. Chairman Jiron stated that this is a good meeting. 30 Commissioner Pandak stated he understood that and he just wants the Board to know 31 the way that the landlords are being treated through the Section 8 office staff. He 32 further stated that the way the landlord was treated was inappropriate and disgusting. 33 34 Commissioner Jiron then stated he believes in a strong Housing Authority, he believes 35 in a strong commission, that the Commissioners can do good as an organization if the 36 Board finally gets organized. They can have a strong Board, but he also stated that the 37 Housing Authority needs to request what needs to be done. 38 39 Chairman Jiron asked for a motion to approve the election of a Vice Chairman. 40 Commissioner Pandak made a motion to approve Arturo Marrujo as the Vice Chairman 41 and Chairman Jiron seconded the motion. 42 43 Commissioner Jiron — aye 44 Commissioner Pandak — aye 45 Commissioner Marrujo — aye 46 47 Motion was approved by 3 aye votes. 48 49 50 6 1 Set date for Annual Strategic Planning Session 2 3 Ms. Levey stated that the Annual Report needs to be submitted to HUD by mid-April 4 2013 and the Commissioners will need to set a date for the annual strategic planning 5 session which is normally done toward the end of the year. They will need to set goals 6 and discuss what they want to do in the coming year. 7 8 Commissioner Jiron then stated that instead of going through a detailed report 9 concerning each department, he asked for each manager to report on what is the worst 10 or most important concern they have at this time. 11 12 Ms. Hansen, the Accountant, began by stating that her main concern is funding which is 13 very tight. The Housing Authority was just notified that Section 8 will not receive any 14 HAP funding for November or December. October was funded at less than $100,000. 15 Chairman Jiron asked who is not responsive. Ms. Levey stated that the budget has not 16 been approved by Congress, and we are now in a waiting period with a continuing 17 Resolution. 18 19 Ms. Machuca stated that her concern is also with funding. Section 8 is not getting any 20 funding for November and December which means we may have families with vouchers 21 in the street that we have to recall. That causes landlords to get upset because they 22 are holding units for those families; we have not signed contracts and we cannot 23 proceed with signing any contracts. Ms. Levey stated that our Field Office is saying to 24 lease up and the HUD office is saying there is no money, leaving the Housing Authority 25 in the middle. 26 27 Ms. Machuca stated that she believes the funding we have received so far is for the 28 City; she does not believe the Housing Authority has received any funding for the 29 County. Chairman Jiron asked what is actually affected by nonfunding, is it payroll? 30 Ms. Levey stated payments to landlords for Section 8 is what is being affected. She 31 stated we normally spend about half a million dollars on payments to landlords, so only 32 receiving $98,000 in October and nothing for November and December is a huge deficit 33 for the Housing Authority. 34 35 Ms. Levey stated that there is money in Net Restricted Assets (NRA) that can cover part 36 of the loss, but there is still the problem with the people who have been issued vouchers 37 but are not yet housed. Ms. Levey thinks it is best to call back those who were issued 38 vouchers and still looking because there is no money. We should be getting money in 39 January; however, we do not know what that amount will be. Ms. Hansen stated that 4o HUD's attitude is that if no funding is received in January or February, you will 41 eventually get funding so we should not worry about it, but what is the Housing Authority 42 to do in the interim to keep the program going? Commissioner Marrujo asked if MFA 43 provides any funding for the Housing Authority. Ms. Levey replied not for Section 8, 44 only for the developments. 45 46 Ms. Levey stated that the Section 8 program is strictly HUD funding; it also impacts the 47 Family Unification Program and the VASH Program, since it is all pooled together. 48 49 50 7 1 Mr. Montague does not have anything that is a detriment to the Housing Authority. We 2 are currently on schedule with heater turn-ons. Everything is in process for getting bids 3 for finalizing the two ADA units at Oak Street Apartments. 4 5 Mr. Padilla stated his most challenging concern is Robledo Ridge, with compliance and 6 tax credits and putting together the management. He is looking forward to a good final 7 development by April 2013. 8 9 Ms. Levey stated her major concern is Robledo Ridge - everyday we are experiencing 10 something new. We are staying in touch with UAH, the management company, to make 11 sure we are doing what needs to be done. 12 13 Chairman Jiren was then asked if he wanted to provide a date for the Strategic Planning 14 Session. Commissioner Marrujo then asked who participates and is involved with the 15 Strategic Planning Meeting. Response from Ms. Levey was that managers and the 16 Board of Commissioners are involved. We have not had a facilitator in the past years. 17 Normally, the Executive Director has put together a list of goals which are reviewed 18 during this session and the direction we want to take for the future is discussed. 19 Ms. Levey then asked if the Commissioners wanted to add this session to a regular 20 Board meeting or meet separately. Chairman Jiron stated he does not want to add 21 anything to the regular Board meetings; his preference is to keep this separate. 22 23 After some discussion, it was decided that Wednesday, November 28, 2012, was a 24 good date for the Strategic Planning Meeting and it would be a luncheon meeting. 25 26 Because Chairman Jiron did not have the managers provide their monthly reports, Ms. 27 Levey did ask for a few minutes to discuss the following: 28 29 • That an RFP for developer services was issued and J.L. Gray was the firm 30 selected. She stated that there are a number of options for tax credit 31 developments including rehabilitation projects. 32 33 • She brought up change orders on Robledo Ridge, stating that Commissioner 34 Marrujo had a question regarding change orders since he thought there would be 35 none per the architect. Ms. Levey stated that there is a change order that came 36 in for approximately $30,000 for water loop and driveways which were put back 37 into the construction plan. 38 39 She also discussed that there is an increased use of Legal Aide by residents to 40 fight evictions. Mr. Padilla feels that most are lease violations, nonpayment of 41 rent and one resident was illegally getting electricity from a neighbor who lived 42 next door. These violations required the Housing Authority to go to District Court 43 and have resulted in increased attorney fees. 44 45 • Ms. Levey mentioned that the Housing Authority began taking applications for the 46 waiting list for Robledo Ridge and there were approximately 80 families who 47 came in to apply. On Tuesday, October 16, 2012, the waiting list opened for the 48 Elderly/Disabled for Burley Court and we had a small turnout, approximately 15 49 applicants. 50 8 1 Ms. Machuca also mentioned that the Fair Market Rents were published and 2 based on funding issues, she expects the Housing Authority to maintain rates at 3 100% instead of 110%. Maintaining at 100%, our two-, three- and four-bedroom 4 rates will be higher. The only one that will have a negative impact will be the 5 one-bedroom rate. These rates are to be effective January 1, 2013. 6 7 12. ADJOURNMENT 8 9 There being no further business, Commissioner Pandak made a motion to adjourn. to Motion was seconded by Commissioner Marrujo. 11 12 Commissioner Jir6n - aye 13 Commissioner Marrujo - aye 14 Commissioner Pandak - aye 15 16 Motion was approved by 3 aye votes. Meeting adjourned at 3:01 p.m. 17 18 19 S€AL PROVED BY 20 21 22 23 24 Art iro Chairman 25 26 27 SUBMITTED BY 28 29 --- - 30 31 32 Robbie R. Levey, Interim Executive Director 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 9