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08-12-19972 3 4 5 6 7 8 9 47 48 49 o a MINUTES OF A REGULAR MEETING OF THE HOUSING AUTHORITY OF THE CITY OF LAS CRUCES BOARD HELD ON AUGUST 12, 1997 The Board Meeting of the Housing Authority of the City of Las Cruces was held at 6:00 p.m. at Branigan Memorial Library Board Room at 200 E. Picacho, in the City of Las Cruces, State of New Mexico. 1. Roll Call. The meeting was called to order by Lorraine R. Gutierrez, Chairperson. MEMBERS: ABSENT: OTHERS: 2. Public Participation. Lorraine R. Gutierrez, Chairperson Trevas Y. Ryan, Commissioner Jesus R. Chavez, Commissioner Frances F. Williams, Vice Chairperson (excused) Alice E. Holmes, Commissioner (excused) John L. Wingard, Executive Director Caroline Velarde, Executive Secretary Andrew T. Holguin, Deputy Director Sharon Hansen, Accountant Tom Hassell, Modernization Manager Al Vizcarra, Community Activities Coord. Margaret Edmond Jenny Metz The Board recognized Ms. Margaret Edmond who requested to address the commissioners. Ms. Edmond informed the Board that she has been experiencing some very difficult familial situations. She is in a predicament to seek housing assistance or risk losing custody of her child. Ms. Edmond pointed out that she is a former HACLC tenant and would need assistance again. Chairperson Gutierrez noted that Ms. Edmond and her sister approached her last week in the HACLC parking lot. The Chairperson suggested that both ladies attend the board meeting and address the board as a whole. Mr. Holguin interjected and recommended that Ms. Edmond meet with Mrs. Walker, HACLC Admissions Counselor, to see how the agency may help Ms. Edmond in her situation. Ms. Edmond replied that she called Mrs. Walker long distance approximately two weeks prior from Arizona expressing interest in obtaining housing assistance after having received a postcard from the HACLC. Mr. Holguin explained that the Admissions Department is purging its waiting list to determine if current applicants on the list are still interested in obtaining housing assistance. He advised Ms. Edmond to meet with him the following day to see what programs are available to her. * 3. Approval of the Minutes for a Special Meeting held on July 22, 1997. * 4. Approval of the Minutes for a Special Meeting held on August 1, 1997. * 5. Approval of Payments for July 1997. * consent agenda 1 50 51 52 53 54 55 56 57 58 59 V U * 6. Financial reports for the period ending July 31, 1997. Chairperson Gutierrez entertained a motion to approve the above consent agenda. So moved by Commissioner Ryan. Seconded by Commissioner Chavez. Chairperson Gutierrez took a vote for approval: Commissioner Ryan voted in favor. Commissioner Chavez voted in favor. Motion carried. 7. Written Reports a. Accountant's Report Ms. Hansen reported the following to the commissioners: The fiscal year -end audit has begun. This year's audit is being conducted by the firm of Schwalm and Martos of Las Cruces. They are working in conjunction with Dunbar, Broaddus, Gibson, and Smith (DBGS) of El Paso. Ms. Hansen has the fiscal year -end settlement statements for the Conventional, Section 8 Existing, Section 8 Moderate Rehab, and Section 8 Voucher programs completed and mailed to HUD by the August 15 deadline. Ms. Hansen will report the results at the September board meeting. At last month's board meeting, Ms. Hansen was asked to address the issue of providing reduced rent to the HACLC's on -site property managers and any tax implications. The Internal Revenue Service Code Section 119 stipulates that the value of lodging is not taxable income to the employee if the following three conditions are met: 1. The employee must reside on employer -owned premises. 2. This arrangement must be for the convenience of the employer. The employee can also be convenienced by the arrangement, as long as the arrangement is not strictly for the employee's convenience only. 3. The arrangement must be as a condition of employment. Revenue Ruling 68 -354 states that "condition of employment" includes an employee who volunteers to live on the employer's premises in exchange for being on -call. Since there is the verbal agreement (verbal contract), the "condition of employment" clause is fulfilled. Employee travel since the last board meeting includes the following: 1. Ms. Hope Bueno traveled to Washington, D.C. from August 2 -5 to attend the Best Practices Project Task Force meeting. 2. Mr. Andrew Holguin attended an emergency NAHRO meeting in Albuquerque on Monday, August 4 to discuss the implications of New Mexico's Welfare Reform Law which now requires persons receiving welfare assistance to include the value of any public housing subsidy as income. 3. Mr. Albert Vizcarra delivered the 1997 Public Housing Drug Elimination Grant proposal to the Albuquerque HUD field office on Friday, August 8 due to the UPS strike and the inability of Federal Express to guarantee next -day delivery. 2 V O 100 4. On July 22, Messrs. Joe Sandoval and Earl Mayne attended an OSHA seminar at the El Paso 101 Hilton. 102 103 b. Deputy Director's Report 104 105 Mr. Holguin reported the following to the commissioners: 106 107 1997 Family Unification Program Application 108 109 Grant funding for the Fiscal Year 1997 of the Section 8 Family Unification Program was denied. The 110 application did not meet the minimum requirement Threshold Criteria No. 1: Unmet Housing Needs. 111 112 Unmet housing need is defined as the number of very low- income renter households with housing 113 problems based on 1990 census, minus the number of federally assisted housing units provided 114 since the 1990 Census (the data was to be derived from the Housing Authority's "allocation area "). 115 Mr. Holguin questioned the Albuquerque HUD office in reference to the "allocation area ", they referred 116 him to the local Community Development office or to try the HUD Regional Fort Worth, Texas office 117 for the information. No success from either party. Mr. Holguin utilized Commissioner Chavez' 1990 118 Census of Population and Housing disc which provided him with some information. 119 120 When the Albuquerque HUD office had to review the application, they miraculously found the 121 definition of "allocation area," and they quoted, "the allocation area," by definition, are considered the 122 Metro area of the State of New Mexico as last published in the 1995 Super NOFA Federal Register 123 of March 31, 1995. In summary, according to HUD's NOFAs, New Mexico is adequately meeting the 124 housing needs of the HACLC's low- income families, hence even though Las Cruces was the only 125 New Mexico Housing Authority to submit for said vouchers, it appears that unless there is senatorial 126 intercession, New Mexico will not receive an allocation from HUD. 127 128 Admissions Department Update 129 130 The HACLC's waiting list will be purged this month by mailing a written notification to applicants 131 requesting a response concerning current information and confirmation of continued interest. Though 132 it is the applicant's responsibility to keep a current application many fail to report changes. Though 133 purging is a burdensome process, it eliminates applicants that are no longer interest in housing 134 assistance or the families that the agency is unable to contact. By eliminating the said applicants the 135 agency is able to serve the public in a more expeditious and efficient manner. 136 137 Section 8 Administrative Plan 138 139 The Section 8 Administrative Plan (included in the board packets) was revamped to accommodate 140 the publics' needs and to assure that the HACLC continues to abide by HUD, state and local laws. 141 The Administrative Plan was developed with the use of Nan McKay's model administrative plan and 142 the use of the Altoona Housing Authority's Admission and Occupancy Policy that was provided by Mr. 143 Wingard. 144 145 The Plan covers both admissions and continued participation in the Section 8 Voucher and Certificate 146 programs. Policies are the same for both unless otherwise noted. 147 148 The HACLC is responsible for complying with all changes in HUD regulations pertaining to the 149 Certificate and Voucher program. If at any time changes conflict with this Plan, HUD regulations will 150 have precedence. 151 V O Before the HACLC may use the Plan, it must be approved by the HACLC's Board of Commissioners and a copy provided to HUD. The Plan was presented for Board review and comment. Approval will be sought at the September board meeting. Welfare Reform - NAHRO Meetina On August 4, 1997, the New Mexico NAHRO Executive Committee held a special meeting in Albuquerque to discuss issues related to NM's Welfare Reform Program in which Mr. Holguin attended. The NM Human Services Department instructed all of the Income Support Division (ISD) offices to calculate the housing assistance payment that is paid on behalf of the client as income. In turn, the clients will no longer qualify for TANF (welfare assistance) or their assistance will be drastically reduced. This action will require housing authorities to recalculate the resident's income /rent to the point where the Section 8 Housing Assistance Payments (HAP) will increase and the resident's under public housing will pay less rent. Increase of HAPs means an increase of expenditures in the Section 8 budget and less public housing rental income means less funds to offset public housing expenditures. Needless to say, this will negatively affect the HACLC's budget and to what extent is not known. Dr. Gene Lovato, HSD Deputy Secretary, informed the NAHRO Committee that unearned income in specific housing assistance will be counted as income by the ISD. There will not be any changes concerning this matter that was in effect on August 1, 1997. At this time, there is no federal law that would prohibit the State from carrying out this action. New Mexico is the only state in the country to implement this law. The Housing Authority Representatives from around the State were in shock and did not anticipate this change to come so soon. The Representatives as well as Mr. Holguin were under the impression that the changes would be gradual over the next three years as residents found other sources of income or were terminated from the welfare assistance. When the NM NAHRO conference was held in Taos, NM, a few weeks ago, the state's HSD was examining the welfare PROGRESS plan to determine the housing benefit. Yet, Mr. Duke Rodriguez, the Secretary of HSD, who had a presentation on the plan did not inform the NAHRO participants of this upcoming demand. Mr. Holguin asked Cindy Gorman, Director, Office of Public Housing if Housing Authorities would be able to submit budget revisions reflecting the change. She replied no, that the effect could cause Housing Authorities to dip into their reserves or serve fewer residents in the Section 8 program or a combination of both. Albuquerque HUD Office At the August 4, 1997, NM NAHRO meeting, Mr. Michael Griego, HUD's State Coordinator, informed the audience of HUD's intention to downsize the Albuquerque Office. He expects a third of his staff to be eliminated within six months to two years. He also anticipates the Kansas City, Missouri office, to handle Section 8 financial issues while the Fort Worth, Texas office, will handle public and multifamily housing issues. The Albuquerque Office will have a more definitive answer of their function at a later date. rd (a) O C. Modernization Manager's Report The HACLC has signed an agreement with the City of Las Cruces to utilize $90,000 in HOME funds. The money will be used to rehabilitate owner - occupied housing. The HACLC will conduct an on -site analysis of it's NM 3 -6 scattered site housing to determine four to eight units that would best lend themselves to home ownership opportunity. Once these units have been identified, they will be offered for home ownership opportunity to current residents, applicants on the waiting list or applicants on the CLC's home rehab., waiting list, in that order. Specifics of the home ownership process have yet to be finalized and the HACLC will update the Board when a firm plan has been prepared. 2. The Mesilla Valley Regional Dispatch Authority (MVRDA) has denied the HACLC's request to accept direct, taped recorded calls for emergency response from its elderly tenants. Therefore, the agency has researched a private, for profit company that provides panic response monitoring. The following information relates to the costs associated with this service: CarePartner 6500 Communicator - $672.00 each (Purchase outright, HACLC would own) Panic Button Pendant - $70.00 each (Purchase outright, HACLC would own) One Time Activation Fee - $25.00 per subscriber Monthly Monitoring Fee - $12.00 per subscriber The HACLC will perform a survey of its elderly tenants and determine approximately how much need there would be for this service. The HACLC estimates approximately six units that it could have in stock for use by its clients on an as requested basis. The initial cost of this service would be: $742 per unit X 6 = $4,452.00 $25 activation fee X 6 = $150 $12 monitoring fee X 6 X 12 months = $864 per year The HACLC could pass the cost for the activation and monitoring fee on to the client either in full or on a prorated basis based on income. 3. The bid for the upgrade of the HACLC phone system has been awarded to ANMTELCO. The contractor has ordered the equipment and has tentatively scheduled the installation for August 22 and 23, 1997. A change order has been executed to assure top operating efficiency and compatibility when equipment is installed. 4. The HACLC is collaborating with the Las Cruces Police Department on a competitive grant submission for the Safe Neighborhood Grant. The grant application is due in the HUD field office no later than 3:00 p.m. on August 21, 1997. The grant has a maximum value of $250,000 and will be used to hire additional police officers to patrol the Valley /Burley Court neighborhood and immediate surrounding community. The HACLC will also ask for additional funds to set up a portable building which will be used as a police sub - station which will be located at the Valley neighborhood. The HACLC is also asking for funds to install fencing at both neighborhoods in response to the drug elimination grant technical assistance report relating to defensible space. 5. The Modernization Department has completed procuring bids for a landscape architect to design and bid the landscaping work at various conventional housing neighborhoods. Funding 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 A c v source for this work is from funds leftover from previous Acquisition with Rehabilitation project. The proposals accepted are listed below: Landscape Architect Location Bid (Includes NMGRT) Robert Todd Jones, ASLA Silver City $4,680.50 Mesilla Garden Co. Mesilla $5,318.75 Morrow & Co., Ltd. Albuquerque $9,258.59 * Vendor in italics should receive the award. The Modernization Department received and opened bids from contractors on NM 3 -11, New Construction of 19 Units. The following is a breakdown of the bids received: Contractor Location Bid (W /O NMGRT) Paragon Development Co. Las Cruces $945,478.00 Paul Curry Construction Las Cruces $1,009,753.13 CDR Construction, Inc. Alamogordo $1,072,000.00 DynaCon, Inc. Las Cruces $1,107,732.00 Warren Construction, Inc. Mesilla $1,218,784.00 Inca Construction WSMR $11255,917.00 Highland Enterprises I Las Cruces $1,337,876.00 * Vendor in italics should receive the award. The current budget for this project is $1,434,177.65. The low bidder has all the appropriate bonding, insurance, etc. and is not listed on HUD's Debarred /Suspended list for government contractors. 7. The Modernization Department has completed the design /bid documents for the rehabilitation of storage room doors /walls at NM 3 -3 (Bon Burt). A prebid meeting will be held on August 11, 1997 and bids will be accepted on August 20, 1997. The work will entail the replacement of doors and hardware at the storage closets at Bon Burt and the removal of sun /water damaged wallboard which will be replaced with stucco walls. The existing wood doors will be replaced with metal, foam core doors and metal jambs. The Architect's estimate to perform this work is $32,943.00 and the current budget is $40,210.00. Work continues on Phase 1, NM 3 -6, Rehabilitation of 12 units, by DynaCon, Inc. Current schedules call for the substantial completion of all units by September 6,1 997. The following is the current budget status of this project: Co 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 rw n Budget - NM 3 -6 Rehab. (Phase 1, 12 Houses) 1995 CGP Account Number: 28/7510/95061/460 Total Funds Available $311,633.06 Original Contract Amount $249,331.00 W /Gross Receipts Tax $265,225.85 Contingency Funds $46,407.21 Days Date Change Order #1 $3,261.32 Change in Contract Time 0 8/12/97 Change Order #2 $5,957.30 Change in Contract Time 10 8/22/97 Change Order #3 $7,779.30 Change in Contract Time 0 8/22/97 Change Order #4 $8,048.74 Change in Contract Time 15 9/6/97 Change Order #5 $6,706.39 Change in Contract Time 0 9/6/97 Change Order #6 Change Order #7 Total Changes to Date % Of Total: 11.97% Adjusted Contract Total $299,003.16 Adjusted Contingency $14,654.16 Pay Request #1 $3,536.97 Pay Request #2 $8,485.69 Pay Request #3 $54,108.01 Pay Request #4 $37,233.93 Pay Request #5 $12,898.17 Pay Request #6 $16,415.94 Pay Request #7 $32,138.80 Pay Request #8 $8,639.36 Pay Request #9 Pay Request #10 Total Requests Paid to Date $173,456.87 % Complete: 58.01% Current Balance Owing $125,546.29 7 v J 329 9. The Architect is currently preparing the drawings and specifications for Phase 2, NM 3 -6, Rehabilitation 330 of 12 units in anticipation of going to bid and beginning the work. Once this job progresses further, the 331 Modernization Department will inform the Board of the intended schedules for completion. Current 332 budget allocation for this work is $223,326.38 and is included in the 1996 CGP. 333 334 d. Community Activities Coordinator 335 336 1. The CAP program is a finalist for the PBS series, "'90 Zoom ". It is also in partnership with the 337 Las Cruces Museum of Natural History to feature science projects and community projects for 338 youth. 339 340 2. New Mexico Dept. of Health Tobacco Showcase '97: Teens Needing Teens and CAP staff will 341 showcase their project in Albuquerque. Two Teens Needing Teens youth are featured 342 presenters. 343 344 3. Teen Needing Teens program along with the Las Cruces Civitan Club are socially interactive 345 with the elderly. 346 347 4. Teen Needing Teen program had a car wash with proceeds benefitting the Gospel Rescue 348 Mission. 349 350 5. Contract negotiations held and finalized contract for 1997 Dept. of Health (ASSIST) Grant. 351 352 6. HACLC's Girl Scout Leader, Work study student, and Basketball coach awarded McNair 353 Fellowship for Graduate School. 354 355 7. Five Trophies awarded to HACLC Basketball teams in Las Cruces Summer Basketball 356 League. 357 358 8. Received First, Second, and Third place in the Las Cruces Lions Summer Tennis program. 359 360 9. Finalist for Best Summer Youth Job. Youth assisted in Taylor Community Center Summer 361 Lunch Program. Hope Bueno nominated as an outstanding supervisor. 362 363 10. DEBUG Computer Camp held at Dona Ana Branch Community College. 364 365 11. Formed a Tobacco Youth Coalition and are planning an event with local D.A. R.E. and 366 Neighborhood Police Dept. to be held at Meerscheidt Center in October. They are also 367 applying for a Mini Grant through South Central Drug Prevention. 368 369 12. Viva El Paso outing with the elderly. 370 371 13. Co -ed Basketball Camp held for 8 -12 years old youth by the Las Cruces Police Dept., and 372 D.A. R. E. officers. 373 374 14. Preparation for 1987 -88 school year. Working in conjunction with Las Cruces Public School 375 system in updating HACLC school records. 376 377 15. Begin Tutoring Program for 1997 -98 school year. 378 379 16. Participating in White Sands Missile Range Youth Basketball League. 380 381 v o 382 Mr. Vizcarra stated that the HACLC's CAP program is still in the running for HUD's Best Practices 383 Award. HUD representatives will be visiting other housing authorities (including the HACLC) vying for 384 this award within the next six months to see the programs in effect. He also mentioned that CAP staff 385 is helping the students get prepared for the beginning of a new school year. 386 387 e. Executive Director's Report - refer to the resolutions. 388 389 8. Resolutions 390 391 i. Resolution No. 594 - A Resolution Approving the Public Housing 392 Management Assessment Program ( PHMAP) Certification FYE97. 393 394 The HACLC has completed its self - evaluation on the PHMAP report. They determined all indicators 395 and it is anticipated that the agency will be considered a high - performer again. The HACLC will 396 submit the HUD form to the Albuquerque HUD office for further evaluation. They will make up a 397 comprehensive score of other indicators including Modernization, Energy Consumption, Operating 398 Reserves, and Development. 399 400 Chairperson Gutierrez entertained a motion to approve Resolution No. 594 as presented. So moved 401 by Commissioner Chavez. Seconded by Commissioner Ryan. Chairperson Gutierrez took a vote for 402 approval: 403 Commissioner Ryan voted in favor. 404 Commissioner Chavez voted in favor. 405 Motion carried. 406 407 ii. Resolution No. 595 - A Resolution Approving the Economic 408 Development/Self- Sufficiency Grant Application for FYE97. 409 410 iii. Resolution No. 596 - A Resolution Approving the Tenant Opportunity 411 Program Grant Application. 412 413 The HACLC collaborated with WESST Corp., and the Taylor Resident Council in applying for both 414 ED /SS and TOP grant applications as one unit. The objectives for both grants are: 415 416 1. To provide bilingual entrepreneurial training and technical assistance to a minimum of 75 417 public housing residents in Las Cruces. 418 419 2. To facilitate the stat -up of 10 small businesses by public housing residents. 420 421 3. To establish a revolving loan fund of public housing residents who wish to engage in 422 entrepreneurial activity for which financing is needed. 423 424 4. To provide a comprehensive array of support services to facilitate opportunities for business 425 success, including but not limited to child care and transportation. 426 E Ig1 K-1 427 5. To develop a referral system of various community services /resources for public housing 428 residents. 429 430 The amount for the ED /SS grant is $79,250 of which the HACLC will commit $40,000 of residual 431 project NM 3 -6 development capital as required by the application. The remainder of the funds will be 432 utilized for landscaping purposes at various conventional housing sites. The amount for the TOP 433 grant is $100,000 which will be utilized in the transition from welfare -to -work. 434 Chairperson Gutierrez entertained a motion to approve Resolution Nos. 595 and 596 as presented. 435 So moved by Commissioner Chavez. Seconded by Commissioner Ryan. Chairperson Gutierrez took 436 a vote for approval: 437 Commissioner Ryan voted in favor. 438 Commissioner Chavez voted in favor. 439 Motion carried. 440 iv. Resolution No. 597 - A Resolution Approving the vendor award for 441 Workers Compensation Insurance Coverage. 442 443 The HACLC issued an Invitation For Bids on the Workers Compensation policy which expires August 444 14, 1997. Two bids were received. The first bid came from the current carrier, New Mexico Mutual 445 Casualty Co. in the amount of $17,155.00. The current years policy was issued at $18,439. The 446 second bid was from a company called Reliance National Insurance Co. for $15,213.00. However, 447 the second bid was determined by Mr. Hassell and Ms. Hansen to be nonresponsive for two reasons. 448 In accordance with HUD preference, they had requested 60 days notice in the event of the insurance 449 company canceling the policy. Reliance was unwilling to comply with this request. Workers 450 Compensation insurance is too important for the HACLC to have a period of time during which it is 451 not covered. Since the agency would have to rebid in the event of cancellation, they felt this 452 stipulation necessary. Additionally, and again in accordance with HUD preference, they requested an 453 endorsement covering volunteer workers. Reliance would not provide this coverage. In the light of 454 welfare reform, the HACLC may be increasing its use of volunteer workers to provide training and to 455 allow individuals the opportunity to fulfill their community service requirements. The HACLC needs to 456 have coverage should these persons be injured on HACLC property. The $1,942 savings in premium 457 is not worth the risk of a lawsuit against the HACLC. Also, the bid amount on a workers 458 compensation policy is always an estimated premium since the actual premium is not determined 459 until an audit of actual payroll expense is conducted by the work comp company at the end of the 460 policy period. Based on the above, Mr. Hassell and Ms. Hansen recommend that the award be 461 issued to New Mexico Mutual Casualty Company. 462 463 Chairperson Gutierrez entertained a motion to approve Resolution No. 597 as presented. So moved 464 by Commissioner Chavez. Seconded by Commissioner Ryan. Chairperson Gutierrez took a vote for 465 approval: 466 Commissioner Ryan voted in favor. 467 Commissioner Chavez voted in favor. 468 Motion carried. 10 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 H3FJ 489 490 491 492 493 494 495 496 497 498 499 500 501 502 9. New Business Mr. Wingard commented that he would like to see NM NAHRO commence activity for the establishment of a self insured pool. California, Pennsylvania and three other states have established self insured pools which has resulted in substantial savings to housing authorities, better risk management and often times premium rebates at the end of the fiscal year depending on loss records which were generally better because through a privately broked self insurance pool, risk management and assessment is stressed and they know the unique problems of subsidized housing. 10. Media Questions - No questions were asked. 11. Adjournment. Chairperson Gutierrez entertained a motion for adjournment. So moved by Commissioner Ryan. Seconded by Commissioner Chavez. Chairperson Gutierrez took a vote for approval: Commissioner Ryan voted in favor. Commissioner Chavez voted in favor. Motion carried. Adjournment 7:02 p.m. SEAL, - �;;�• APPROVED BY, a ti-'r� >MLXtta Chairperson :� Lorraine R. Gutierrez, p SUBMITTED BY, 11