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Meeting Detail
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REVISED PUBLIC NOTICE OF A REGULAR HACEP BOARD MEETING - minutes |
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07/19/2010 |
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5300 EAST PAISANO, EL PASO, TEXAS |
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REVISED AGENDA
PUBLIC NOTICE OF A REGULAR BOARD MEETING
TAKE NOTICE THAT A REGULAR MEETING
OF THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS
WILL BE HELD AT
5300 EAST PAISANO, EL PASO, TEXAS
MONDAY, JULY 19, 2010
COMMENCING AT 5:30 P.M.
TO CONSIDER AND POSSIBLY ACT ON THE FOLLOWING:
1. CALL TO ORDER.
2. INVOCATION/MOMENT OF SILENCE.
3. ESTABLISHMENT OF A QUORUM.
4. RESIDENT ASSOCIATION PRESIDENTS TO BE HEARD.
5. CITIZENS TO BE HEARD.
6. APPROVAL OF MINUTES OF A REGULAR BOARD MEETING THAT TOOK PLACE ON MAY 26, 2010.
7. APPROVAL OF MINUTES OF A SPECIAL BOARD MEETING THAT TOOK PLACE ON JUNE 7, 2010.
8. APPROVAL OF MINUTES OF A REGULAR BOARD MEETING THAT TOOK PLACE ON JUNE 21, 2010.
9. APPROVAL OF MINUTES OF A SPECIAL BOARD MEETING THAT TOOK PLACE ON JULY 2, 2010.
Housing Authority of the City of El Paso, Texas
July 19, 2010 – page two
NOTICE TO THE PUBLIC
ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE CONSIDERED BY THE BOARD OF COMMISSIONERS TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE BOARD OF COMMISSIONERS OR PERSONS IN THE AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT AGENDA TO THE REGULAR AGENDA FOR DISCUSSION PRIOR TO THE TIME THE BOARD OF COMMISSIONERS VOTE ON THE MOTION TO ADOPT THE CONSENT AGENDA
CONSENT AGENDA:
10. PURCHASING AND CONSTRUCTION CONTRACT AWARDS:
A. CONTRACT FOR ENERGY CONSULTANT SERVICES. SOLICITATION NO. TS 10-R-0039.
Recommendation: Site: Contract Award:
Facilities Strategies Group PHA Wide $65,953
B. CONTRACT FOR ADA ACCESSIBILITY IMPROVEMENTS AT HACEP’S ADMINISTRATION BUILDING. SOLICITATION NO. TS 10-B-0018.
Recommendation: Site: Contract Award:
EPCON, Inc. COCC $114,200
C. RENEWAL OF CONTRACT NO. WH 10-C-0009 FOR HVAC SUPPLIES AND EQUIPMENT.
Recommendation: Site: Estimated Renewal Amount: Increase:
Cunningham Distributing, Inc. PHA Wide $147,351 one-year
D. RENEWAL OF CONTRACT NO. FS 10-C-0008 FOR INTERNAL MANAGEMENT REVIEW FOR FINANCE, BUDGET, AND PROCUREMENT.
Recommendation: Site: Estimated Renewal Amount: Increase:
Asher PHA Finance, LLC PHA Wide $72,000 one-year
Housing Authority of the City of El Paso, Texas
July 19, 2010 – page three
E. RENEWAL OF CONTRACT NO. FS 09-C-0008 FOR PROFESSIONAL AUDITING SERVICES.
Recommendation: Site: Estimated Renewal Amount: Increase:
Malcolm Johnson & PHA Wide $101,640 one-year
Company, P. A.
F. RENEWAL OF CONTRACT NO. EX 10-C-0004 FOR LEGAL SERVICES.
Recommendation: Site: Estimated Renewal Amount: Increase:
Reno & Cavanaugh, PLLC PHA Wide $75,000 one-year
G. MODIFICATION TO CONTRACT NO. TS 10-C-0006 FOR DESIGN/BUILD 36 HOMES AT ALAMITO AND MONTWOOD HEIGHTS.
Recommendation: Site: Previous: Increase: Aggregate:
Saratoga Homes, Inc. Alamito & $3,485,998 $127,215.70 $3,613,213.70
Montwood Heights
H. CONTRACT FOR PROJECT MANAGEMENT SERVICES. SOLICITATION NO. ARRA 10-R-0038.
Recommendation: Site: Contract Amount:
Perspectiva PHA Wide fee schedule
REGULAR AGENDA
11. DISCUSSION AND ACTION REGARDING RESOLUTION AWARDING CONTRACT FOR GENERAL CONTRACTOR SERVICES FOR THE CONSTRUCTION OF THE PAISANO GREEN COMMUNITY AS RECOMMENDED BY THE EVALUATION PANEL.
12. DISCUSSION AND ACTION REGARDING RESOLUTION AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SUBMIT A REVISED APPLICATION FOR THE DEMOLITION OF 46 UNITS LOCATED AT 4000 EAST PAISANO DR., EL PASO COUNTY, TEXAS.
13. DISCUSSION AND ACTION REGARDING RESOLUTION AUTHORIZING THE HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS TO PROCURE VEHICLES AND ACCESSORIES.
Housing Authority of the City of El Paso, Texas
July 19, 2010 – page four
14. DISCUSSION AND ACTION REGARDING RESOLUTION APPROVING CLOSING OF THE PUBLIC HOUSING WAITING LIST FOR THE HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
15. DISCUSSION AND ACTION REGARDING RESOLUTION APPROVING REVISED ADMINISTRATIVE GRIEVANCE PROCEDURES FOR SECTION 8 NEW CONSTRUCTION FOR THE HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
16. DISCUSSION AND ACTION REGARDING RESOLUTION APPROVING REVISED COMMUNITY REGULATIONS FOR SECTION 8 NEW CONSTRUCTION FOR THE HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
17. DISCUSSION AND ACTION REGARDING RESOLUTION AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE JURISDICTION-WIDE RESIDENT COUNCIL AND THE HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
18. DISCUSSION AND ACTION REGARDING ARTURO HUERTA v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
19. DISCUSSION AND ACTION REGARDING CHARLES LYNN SHELTON v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS.
20. SECRETARY’S REPORT.
A. CHIEF EXECUTIVE OFFICER.
B. CHIEF FINANCIAL OFFICER.
(1) FINANCIAL SERVICES.
(2) PROCUREMENT.
(3) INFORMATION TECHNOLOGY.
C. INTERIM CHIEF OPERATING OFFICER.
(1) PUBLIC HOUSING PROGRAM.
(2) SECTION 8 PROGRAM.
Housing Authority of the City of El Paso, Texas
July 19, 2010 – page five
(3) DEVELOPMENT & CAPITAL PROJECTS.
• ARRA UPDATE.
D. HUMAN RESOURCES.
E. NEWS ARTICLES.
21. THE BOARD OF COMMISSIONERS MAY RETIRE INTO EXECUTIVE SESSIONAT ANY TIME UPON THE MOTION OF ANY COMMISSIONER PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.071-551.076 TO DISCUSS ANY OF THE FOLLOWING:
SECTION 551.071 CONSULTATION WITH ATTORNEY
SECTION 551.072 DELIBERATIONS ABOUT REAL PROPERTY
SECTION 551.073 DELIBERATIONS ABOUT GIFTS AND DONATIONS
SECTION 551.074 PERSONNEL MATTERS
SECTION 551.076 DELIBERATIONS ABOUT SECURITY DEVICES
DISCUSSION ON THE FOLLOWING:
(a) DISCUSSION AND UPDATE BY LEGAL COUNSEL ON PENDING LITIGATION MATTERS. (SECTION 551.071)
(b) DISCUSSION AND UPDATE REGARDING ARTURO HUERTA v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS. (SECTION 551.071)
(c) DISCUSSION AND UPDATE REGARDING CHARLES LYNN SHELTON v. HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS. (SECTION 551.071)
22. ADJOURNMENT.
Housing Authority of the City of El Paso, Texas
July 19, 2010 – page six
THIS NOTICE HAS BEEN POSTED AT THE CENTRAL OFFICES OF THE HOUSING AUTHORITY, 5300 EAST PAISANO DRIVE, AND NOTICE HAS BEEN PROVIDED TO THE EL PASO COUNTY CLERK MORE THAN 72 HOURS IN ADVANCE OF THE ABOVE MEETING, AS REQUIRED BY CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
UPON REQUEST THE HOUSING AUTHORITY WILL PROVIDE AUXILIARY AIDS AND SERVICES SUCH AS INTERPRETERS FOR THE HEARING IMPAIRED, READERS, LARGE PRINT OR BRAILLE DOCUMENTS. THOSE REQUESTING AUXILIARY AIDS OR SERVICES MAY NOTIFY SERGIO VASQUEZ, EQUAL OPPORTUNITY COORDINATOR, AT (915) 849-3820, OR SVASQUEZ@HACEP.ORG AT LEAST 48 HOURS PRIOR TO THE MEETING.
SIMULTANEOUS ENGLISH/SPANISH TRANSLATION IS PROVIDED AT ALL REGULAR MEETINGS OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY.
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| Meeting Minutes |
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MINUTES OF A REGULAR MEETING
OF THE BOARD OF COMMISSIONERS
OF THE HOUSING AUTHORITY
OF THE CITY OF EL PASO, TEXAS
MONDAY, JULY 19, 2010
Item # 1. Call to Order. The Chairperson called the meeting to order at 5:37 p.m.
Item # 2. Invocation/Moment of Silence. Moment of silence.
Item # 3. Establishment of a Quorum.
PRESENT: Chairperson Joe Fernandez, Presiding; Commissioners Sue Pratt, Lynn Coyle, Raul Chavez, and Kevin Quinn. The Chairperson declared a quorum with all Commissioners present.
ALSO PRESENT: Gerald Cichon, Chief Executive Officer; Bob Blumenfeld, HACEP Attorney; Michael Spurlock, Corporate Attorney; Roman Velasquez, Interim Chief Operating Officer; Satish Bhaskar, Chief Financial Officer; Juan Olvera, Director of Development of Capital Projects; Patrick Ortega, Director of Human Resources; Glo Dore, Executive Secretary to the CFO; Maria del Rayo Rodriguez and Aracely Saenz, Executive Secretaries.
Item # 4. Resident Association Presidents to be Heard. None.
Item # 5. Citizens to be Heard. None
Item # 6. Approval of Minutes of a Regular Board Meeting that Took Place on May 26, 2010. Commissioner Pratt made a motion to approve item # 6. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 7. Approval of Minutes of a Special Board Meeting That Took Place on June 7, 2010. Commissioner Pratt made a motion to approve item # 7. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 8. Approval of Minutes of a Regular Board Meeting That Took Place on June 21, 2010. Commissioner Pratt made a motion to approve item # 8. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 9. Approval of Minutes of a Special Board Meeting That Took Place on July 2, 2010. Commissioner Pratt made a motion to approve item # 9. It was seconded by Commissioner Chavez. Motion carried unanimously.
Consent Agenda:
Item # 10. Purchasing and Construction Contract Awards:
A. Contract for Energy Consultant Services. Solicitation No. TS 10-R-0039.
Recommendation: Site: Contract Amount:
Facilities Strategies Group PHA Wide $65,953
B. Contract for ADA Accessibility Improvements at HACEP’s Administration Building. Solicitation No. TS 10-B-0018.
Recommendation: Site: Contract Amount:
EPCON, Inc. COCC $114,200
C. Renewal of Contract No. WH 10-C-0009 for HVAC Supplies and Equipment.
Recommendation: Site: Estimated Renewal Amount: Increase:
Cunningham Distributing, Inc. PHA Wide $147,351 one-year
D. Renewal of Contract No. FS 10-C-0008 for Internal Management Review for Finance, Budget, and Procurement.
Recommendation: Site: Estimated Renewal Amount: Increase:
Asher PHA Finance, LLC PHA Wide $72,000 one-year
E. Renewal of Contract No. FS 09-C-0008 for Professional Auditing Services.
Recommendation: Site: Estimated Renewal Amount: Increase:
Malcolm Johnson & PHA Wide $101,640 one-year
Company, P. A.
F. Renewal of Contract No. EX 10-C-0004 for Legal Services.
Recommendation: Site: Estimated Renewal Amount: Increase:
Reno & Cavanaugh, PLLC PHA Wide $75,000 one-year
G. Modification to Contract No. TS 10-C-0006 for Design/Build 36 Homes at Alamito and Montwood Heights.
Recommendation: Site: Previous: Increase: Aggregate:
Saratoga Homes, Inc. Alamito & $3,485,998 $127,215.70 $3,613,213.70
Montwood Heights
H. Contract for Project Management Services. Solicitation No. ARRA 10-R-0038.
Recommendation: Site: Contract Amount:
Perspectiva PHA Wide fee schedule
Mr. Cichon said that item # 10-A is a contract for energy consultants. He said that there is a thing called Energy Proficiency Contract (“EPC”) that would allow us to modernize our units and benefit from the energy reduction of services. We want to contract this person to help us with the solicitation, the evaluation, and to figure out if this is truly going to help us. The contractor will help us with the RFP and to procure the services of the best EPC possible for the Housing Authority.
Item # 10-B is the ADA improvements under the voluntary agreement that we have with HUD. This work is for the administration building at an approximately cost of $114,000.
Item # 10-C is approval for needed HVAC supplies not included in last month’s agenda.
Item # 10-D is the renewal of contract with Asher Finance for our compliance department. Asher is out of Philadelphia. They are experts in finance, accounting, and procurement. They come out quarterly to do a review and report to the CEO any issues that they see within the agency.
Item # 10-E is the renewal of Malcolm Johnson’s contract. They do our yearly auditing services.
Item # 10-F is the renewal of legal services by Reno & Cavanaugh out of Washington, DC.
Item # 10-G is a change order for Saratoga Homes, Inc. Some of the changes include the change over to refrigerated air system, tankless water heaters, and some upgrades within the units. The total change order is for an increase of $127,000.
Item # 10-H is for Project Management services from Perspectiva. The complexity of the green community demands a local person who understands local construction, and with local knowledge of the area, to help us build the green community. Perspectiva has done fantastic work in town. The “U” building was one of their projects. He said Mr. Eugenio Mesta from Perspectiva is present to answer any questions.
Eugenio Mesta, President of Prespectiva, said that they are a local company and have just celebrated their 20th anniversary. They have done a number of architectural work, and for the last ten years they have also been doing project management. They have been the project manager and the designer of the GECU building and, also, the federal courthouse. They currently have three projects under construction that are LEED and one that is being designed. They are very knowledgeable of the LEED requirements, what is to be undertaken for this project, and the challenges. They are very excited to be part of this project. He does not know of any other LEED certified project in El Paso, but there may be one on its way. Mr. Mestas said that he knows that the City of El Paso has made it a requirement that all City projects have to be LEED certified. So, there may be some on the way. He said that their experience in LEED certification has been in Houston. They are very excited that they will have the opportunity to do it in El Paso. Mr. Mestas offered to answer any questions.
Commissioner Coyle asked if Perspectiva would be managing the Paisano Green project.
Mr. Cichon said that if approved, Perspectiva will be managing the construction side. They will be working directly with us. And because it is such a technical project and in-house staff is limited as to what we can do, we need to bring somebody that can work with the architects. We also need to hire the General Contractor, which is part of this agenda, to get everything obligated by September of this year. Mr. Cichon said that Mr. Mestas is going to help us with the beginning of the design and some very complex architecture. We also need to know if the needed construction skills are in town before we start the bid process.
Mr. Mestas added that for the LEED certification we have to start acquiring points at the design phase. First we have our goals as to what the points will be to get the certification, and during the design we have to make sure that those are met. On the contractor side, we need to make sure that those are continuous during the project. For instance, we are going to be demolishing the current units, and part of the LEED certification will be the monitoring of disposal of the debris. We need to show if we separated it, if we tried to re-cycle, the distance traveled to dispose of the material. We need to be very careful in the early stages to be able to earn the points that we were going for. He added that the certification doesn’t start at the end when we submit it, they will monitor us throughout and we have to be doing submittals to the Green Building Council throughout the process, from the design all the way to occupancy. Mr. Mestas said that the idea is to make it cost effective so that we get the most for the least.
Commissioner Coyle asked if someone from the Building Council will come to El Paso during various phases of the project.
Mr. Mestas answered that they seldom come. Most of the work is done on line since there are numerous projects going on. However, they may come and monitor to make sure that you are doing what you are supposed to. If they come, they don’t let you know in advance.
Commissioner Coyle asked Mr. Mestas if he was our LEED accredited professional.
Mr. Mestas said that he will be monitoring the project.
Mr. Cichon added that Mr. Mestas will be our eyes on the ground making sure that it is going up to the standards that we need.
Chairperson Fernandez asked Mr. Mestas to talk about his company.
Mr. Mestas said they have 30 employees companywide. They have a total of twelve professionals and a couple of seasonal construction workers that have a lot of experience and will be helping with this project.
Chairperson Fernandez asked him to talk about their office building.
Mr. Mestas said that they restored and remodeled a 1917 building downtown. They want to be part of the downtown redevelopment. They believe in remodeling and preservation. The building is located at 211 Florence. They will be moving in this fall. In that building, GSA occupies the third floor. The Small Business Administration occupies the second floor. And the US-Mexico Health occupies the third floor. They will be in the second floor with Malcolm Pirnie. The building is right next door to the El Paso Times.
Commissioner Coyle asked if they have completed a LEED certified project.
Mr. Mestas said they have not. The closest one that they have is a $25 million charter school project in Houston. They have gotten through the design approval and the construction approval. It usually takes from six months to a year after completion of the project before you get the certification.
Commissioner Coyle made a motion to approve items # 10-A thru 10-H on the Consent Agenda. It was seconded by Commissioner Chavez. Motion carried unanimously.
Regular Agenda:
Item # 11. Discussion and Action Regarding Resolution Awarding Contract for General Contractor Services for the Construction of the Paisano Green Community as Recommended by the Evaluation Panel. Mr. Cichon said the time frame on everything that we have been doing with the green community is really tight. In fact we were doing best and final offers as recently as 3:00 p.m. The panel was composed by Mr. Bob Herman, the AIA Fellow from San Francisco who helped us with the design, Mr. Olvera, and him. They also had advisors from Workshop 8. They spent a lot of time going through the proposals because this is who is going to make this happen. The panel decided that the number one score was Pavilion. They are a company out of New Mexico with green experience. The pricing came down with the best and final offer to an area that we can actually manage and work with them. Based on the timing, we were unable to invite Pavilion to address the Board. Mr. Cichon said that Mr. Olvera was the person in charge of the entire evaluation and he can answer any questions.
Juan Olvera, Director of Development and Capital Projects, said that during the evaluation the criteria that the panel was looking for was experience with LEED certified projects, affordable housing, and they also looked at the fees. Mr. Olvera said that we are asking the selected general contractor to participate in pre-construction activities. We want them to work with the architects, with us, and with the project manager. At this time, we are finalizing the design and going through the construction documents. The selected firm needs to be part of the team so that if any technical issues arise they are present to say if that can or cannot be done preventing future changes. Therefore, one of the things requested by the panel was that we wanted them to be available to start participating in these pre-construction services. We also looked at their overall financial stability. We requested and reviewed their financial statements. We looked at their valued engineering, their experience with HUD and with the Section 3 Program which provides employment opportunities for low-income population. Finally, we looked at their experience with energy conservation, the net zero. Mr. Olvera said that based on their review, the panel is recommending Pavilion Construction out of Albuquerque as general contractor for the Paisano Green Community. He said that at the present time Pavilion is working with the Santa Fe Public Housing doing another ARRA funded green community project.
Commissioner Coyle asked if Pavilion Construction has built any other LEED certified public housing.
Mr. Olvera responded that just the project that they are working with at the present time.
Mr. Cichon said there is no LEED certified public housing project in the country. There will be a couple coming from the ARRA but nothing as aggressive as ours.
Commissioner Coyle asked about any other LEED certified building by Pavilion.
Mr. Cichon said Pavilion has. He added that it is so rare that it was difficult finding people with experience. Mr. Cichon said that the only construction that he knows that has LEED certification in El Paso is the EPCC building. The problem is that with the time frames imposed on us we really need someone that knows what they are doing. He said that we also have Scott Jepsen involved with the team. He is the developing expert working with TDHCA. Mr. Cichon said with the team that we are building, with Scott Jepsen, with Mr. Mestas, and with Workshop 8 we will be successful in completing the project.
Commissioner Coyle asked if they are going to build another ARRA funded community in Santa Fe while building ours.
Mr. Cichon said that both project will be going at the same time, but they are going to have knowledgeable people on site. In his opinion, it puts us in the best situation to do it because they are training one crew that can go back and forth between the two sites.
Commissioner Coyle made a motion to approve item # 11 authorizing the Chief Executive Officer to execute a contract with Pavilion as the General Contractor for the Paisano Green Community. It was seconded by Commissioner Chavez. Motion carried unanimously.
Item # 12. Discussion and Action Regarding Resolution Authorizing the Chief Executive Officer to Submit a Revised Application for the Demolition of 46 Units Located at 4000 East Paisano Drive, El Paso County, Texas. Mr. Cichon said this is the site of the green community. We need to submit an application to SAC for the demolition of the existing units.
Commissioner Pratt made a motion to approve item # 12. It was seconded by Commissioner Coyle. Motion carried unanimously.
Commissioner Coyle asked what is the turnaround time from SAC, and if we must get the approval prior to the demolition.
Mr. Cichon responded that we need their approval to start the demolition. He said that before all of this started he met with Dominique Bloom, who is the second in charge over SAC under the Deputy Director, and she said that she would streamline this for us to make sure that we were successful. Mr. Cichon said that he is confident that we can get this done timely.
Item # 13. Discussion and Action Regarding Resolution Authorizing the Housing Authority of the City of El Paso, Texas to Procure Vehicles and Accessories. Mr. Cichon said we had talked about this item to some degree. He asked Mr. Bhaskar to elaborate on the proposal.
Satish Bhaskar, Chief Financial Officer, said that this matter was discussed during one of the Finance Committee meetings a couple of months ago. We discussed the plan to replace the entire fleet because our vehicles are old; most models are in the 1990s. We have it broken down into three components: vehicles including police vehicles, trucks, and vans. We are also contemplating the purchase of some golf-cart type vehicles to use in the communities for maintenance purposes. The procurement will be done in one of three possible ways looking for the best possible price for the agency. The plan is to buy the vehicles in a uniform color. The estimated cost is of $858,234, but we still have to issue the RFP for the purpose of acquiring the vehicles.
Mr. Cichon said we are looking at a total of 52 vehicles, and with the exception of the specialty vehicles like big dump trucks, we want to replace the vehicles that are over 10 years old.
Mr. Bhaskar said the other point of interest is that all of these vehicles are going to be purchased under the COCC and we will be leasing them to the AMPs.
Mr. Cichon said we are going to purchase the vehicles under a note. Public Housing will be leasing the vehicles and paying off the note. At the end of five years, the vehicles will be owned by the COCC without using a lump sum to pay for them.
Mr. Cichon said that there will be another Resolution coming at a later time for the purchase of golf carts or utility vehicles. He said that we are decreasing the number of vehicles and we will be getting more golf carts because you can zoom around, you can get closer to units, and they are much cheaper to maintain. So, in the end, we are actually going to decrease the number of our vehicles, increase our quality of stock, and produce more with the golf carts that will be used in the communities.
Commissioner Pratt made a motion to approve item # 13. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 14. Discussion and Action Regarding Resolution Approving Closing of the Public Housing Waiting List for the Housing Authority of the City of El Paso, Texas. Mr. Cichon said we had a discussion a couple of months ago about giving the authority to the Chief Executive Officer to decide on the waiting list. This is not what we are asking today. All we are asking is for the authorization to close the waiting list. We have over 14,000 families in our waiting list. The waiting list is so massive that it is difficult to maintain. At this time, it does not serve us or the community to keep it open. We have a waiting list of over 2 – 5 years depending on the family size. The waiting list was kept open to show the need, and we have accomplished that. At this point, it is just costing us money.
Commissioner Coyle made a motion to approve item # 14. It was seconded by Commissioner Chavez. Motion carried unanimously.
Item # 15. Discussion and Action Regarding Resolution Approving Revised Administrative Grievance Procedures for Section 8 New Construction for the Housing Authority of the City of El Paso, Texas. Mr. Cichon said this is for the Section 8 New Construction which is not part of the Section 8 Program. These are about 500 units owned by the Housing Authority. The federal government did a review and informed us that they didn’t like the way our grievance procedure was written. They requested that all references to public housing be revised to Section 8 New Construction. He asked Mr. Spurlock to elaborate on the changes.
Michael Spurlock, Corporate Attorney, said that all we are doing is responding to the findings and corrections that we were asked to make for our Section 8 New Construction program. The program is a bit of a hybrid type of housing because it is a Section 8 Program, but it is actually managed by Public Housing because the Housing Authority owns the buildings. We are conforming to the Texas Department of Housing and Community Affairs and we are responding to their audit by making these corrections.
Commissioner Coyle made a motion to approve item # 15. It was seconded by Commissioner Chavez. Motion carried unanimously.
Item # 16. Discussion and Action Regarding Resolution Approving Revised Community Regulations for Section 8 New Construction for the Housing Authority of the City of El Paso, Texas. Mr. Spurlock said the community regulations are the same. What we are doing is making them community regulations for the Section 8 New Construction Program rather than general Housing Authority rules or regulations. We will have a separate set of rules that are very similar to what the Housing Authority uses in its communities, but for Section 8 New Construction.
Commissioner Pratt made a motion to approve item # 16. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 17. Discussion and Action Regarding Resolution Amending the Memorandum of Understanding Between the Jurisdiction-Wide Resident Council and the Housing Authority of the City of El Paso, Texas. Mr. Cichon said this amended was recommended by Ms. Lilia Vasquez. It addresses issues regarding the stipends of the JWRC executive board and its members. This is a modification of the MOU on this issue. He asked Mr. Spurlock to elaborate.
Michael Spurlock, Corporate Attorney, said that this is one of the first items that he worked on when he began working with HACEP a couple of years ago. The JWRC officers and the rest of the presidents wanted very strict attendance requirements. The proposed amendment would allow the JWRC to excuse an absence by someone and still allow them to receive their stipend. Mrs. Vasquez is not here with us tonight due to a death in the family. This amendment was in the works long before this event happened, and they are not related, but it is the perfect example of why someone would be excused from a meeting and still be allowed to receive the stipend. This change would allow Mrs. Vasquez, after approval by the JWRC, to receive her stipend.
Commissioner Coyle made a motion to approve item # 17. It was seconded by Commissioner Chavez. Motion carried unanimously.
Item # 18. Discussion and Action Regarding Arturo Huerta v. Housing Authority of the City of El Paso, Texas. Commissioner Pratt made a motion to defer item # 18 until after executive session. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 19. Discussion and Action Regarding Charles Lynn Shelton v. Housing Authority of the City of El Paso, Texas. Commissioner Pratt made a motion to defer item # 19 until after executive session. It was seconded by Commissioner Coyle. Motion carried unanimously.
Item # 20. Secretary’s Report.
A. Chief Executive Officer. Mr. Cichon said that during last month’s meeting he had a chance to introduce Mr. Ortega. It was kind of cursory and brief. He wants to take this opportunity to re-introduce Mr. Ortega to the Board.
Patrick Ortega, Director of Human Resources, handed a copy of his resume to the Board. He said he has had two major employers during the last ten years along with several long-term assignments as an independent contractor. In February 1992, he started with the U. S. Army Corps of Engineers in the office of legal counsel. He had a couple of mentors including the District Counsel who got him into training programs for Equal Employment Opportunity Commission (EEOC) and investigations. He was able to write responses for interrogatories and depositions as legal assistant. The training kept going until he was branch out to the EEOC and the Merit Systems Protection Board. At that point, he was able to do a lot of work in conjunction with the employment and labor law attorneys. Later, he was promoted to Administrative Officer for the Construction Operations Division, a huge division for the Corps of Army Engineers. In March 1998, he attended a Human Resource convention and met the Senior Vice President of Human Resources for Safeway Supermarkets. One conversation led to another and he joined Safeway Supermarkets. Mr. Ortega said that his first assignment was to come to El Paso when the Safeway Supermarkets had sold out to Furr’s Supermarkets. He came with a team of five individuals. They were under the umbrella of Pinnacle Logistics. His role within the team was to foster positive employee relations with the employees of the warehouse and the distribution centers, and to help revitalize the relationship with the Teamsters Union. He worked with Mr. Jim Barlow who was the head of the Teamsters Local 745. They were successful in finding the best solutions for all parties involved. He was then asked by Safeway Supermarkets to go to Houston when Safeway Supermarkets had acquired the Randall’s Supermarkets in the Houston, Dallas, and Fort Worth area. He spent a couple of years there putting together the human resource plan, the employment relations plan, and working with individuals from the Teamsters and UFCW in that region. They were able to develop an employment relations program that would go across the board with union and non-union entities. He then went to Chicago when the Dominique’s food chain was acquired by Safeway, and partnered with the National Pharmacy Association for labor negotiations. Mr. Ortega said that his main role, whenever they acquired a division or entity, was to pick-up the best practices that said entity had, marry them with the best practices that Safeway had to find a happy union, and continue the operations as seamless and transparent as possible. He was tasked with the same assignment at Genuardi’s Family Markets in Philadelphia. At the end of 2002, he decided to go as an independent contractor. Mr. Ortega said that what is listed in his resume from Coca-Cola, Budweiser, and all the other entities is one span of time as an independent contractor with a lot of long-term assignments. There are some gaps in between where he was taking on smaller assignments throughout the country. An example is Dish Network where his main role was to solidify the human resources within the Western Region and to create an HR plan to set up new satellite offices for Dish Network. He helped set up the call center and the HR department in Houston, Harlingen, and Phoenix. All of those experiences helped him to find a position as Human Resources Director with the Housing Authority. He is happy to be in a stable position where he can use his experience and bring value to the business partners, the employees, and the residents. Mr. Ortega said that he is currently working on his masters on Human Resources and hopes to finish in about a year and a half. He thanked the Board for their attention, and offered to answer any questions.
Mr. Cichon said that he would like to talk about the rainstorm during the construction of Machuca and the affected families. Some of that he would like to further discuss in executive session because there is potential litigation in play. At this time, he would like to discuss the human aspect of what we have done for the families. As you know, the complex flooded and we had to move nineteen families out of their units. We had immediate availability for six families, and they were moved into other public housing units. The rest were offered the opportunity to go to hotels. Twelve families elected to stay in their units until a point in time in which the City came in and said that they could not stay in those units. On the day of the problem, the Red Cross was called to help us mobilize the families. We are also having discussions with the contractor who was doing the work, and that will be further discussed in executive session. Mr. Velasquez is here to talk about what we have done for these families.
Roman Velasquez, Interim Chief Operating Officer, said that the evening of July 11, when we first started to receive the calls following the rain, we had staff out there almost immediately, but because of the weather conditions, we could not allow them to scale the roofs. So our corrective action was very limited. The water intrusions got more extensive and between 2:00 – 3:00 a.m. we started to evacuate families from the units. Contrary to what the media reported, no families were left out in the rain. As soon as we got on site, the families were sheltered inside our community centers, and in cooperation with the Red Cross, we started to secure arrangements at the local hotels for the six families that sustained extensive damages to their units. At no time were the displaced families left out in the rain. In fact, the people standing showed during the newscast were just watching the events, but they were not the affected families. We had the families inside the community centers. That morning, we provided breakfast and the basic needs of the families. By the end of the day, we had six families in hotels. The other affected families chose to stay in their units. The following day, we had the state and city inspectors out, and they made the call that we had to relocate the remaining families. Mr. Velasquez said that there were four buildings involved, and 20 families were affected. By the end of the week, we had all the families relocated into their new homes with the opportunity to return to Machuca once the repairs are made. The cost involved will be discussed by Mr. Cichon in executive session. Mr. Velasquez showed some photos of the damaged units. The damages range from real minor to extensive. But, because of the water intrusion and construction period there is asbestos on some of the materials. So, regardless of the extent of the damages, we had to relocate the families. Out of these four buildings six families were immediately accommodated. The remaining families were relocated to other communities. We still have one family in a hotel. We are waiting for the assessment of their personal belongings because a lot of that material fell on it and we may have to replace it. Therefore, there has been some delay in placing this resident but she is doing well. Mr. Velasquez offered to answer any questions.
Commissioner Coyle asked if the asbestos was the ceiling material.
Mr. Velasquez responded that it included the texture, the drywall, construction material because, at that time, a lot of it contained asbestos. So, as soon as it tested positive, we had to abate the unit.
Mr. Cichon said most of the asbestos was the popcorn.
Mr. Velasquez said that we did everything we could, and we continue to communicate with the families to make sure that they are doing fine.
Mr. Cichon said we were at the site before those ceilings came down. We were fighting that water since 6:00 p.m. and the roofs started coming down around 2:00 a.m. So we were out there for hours trying to stop this from occurring but the roof and the rain was so significant that there was really nothing we could do.
B. Chief Financial Officer.
(1) Financial Services. Mr. Bhaskar discussed the financial statements for the month of May 2010, which is the eleventh month in the fiscal year. He pointed out that we are only one percent off of the projected revenue for the year. He said we had budgeted that our surplus would be about $6 million and we are projecting about $11.5 million. Most of it is due to containing of costs and things that we decided were not necessary. In regards to the balance sheet, he is happy to report that HUD has approved the drawdown of the $13.3 million owed to the Housing Authority. We are drawing $1 million per day, which is the maximum allowed by HUD regulations. Mr. Bhaskar said that all of the AMPs continue to be in a positive cash flow. He offered to answer any questions.
Mr. Cichon said that the drawdown is for the HOPE VI project. This has been an arduous process. We have been working with it for the last eighteen months. We were promised that we would be able to start drawing down money in early February, and we just got the approval in July. He said that we need to get the money back because this money came out of our pocket. But if we had not done that, we would have never finished the HOPE VI project.
(2) Procurement. No discussion.
(3) Information Technology. No discussion.
C. Interim Chief Operating Officer.
(1) Public Housing Program. No discussion.
(2) Section 8 Program. No discussion.
(3) Development & Capital Projects.
• ARRA Update. Mr. Velasquez provided a PowerPoint presentation with an update on the current ARRA projects. He said the Eisenhower roofing project is at 75 percent complete. The Eisenhower window project is at 55 percent complete. We are back on track with the roofing at Martin Luther King property at 30 percent complete. We have completed the water lines at the Cramer community and we are about 52 percent complete with the water lines at Sherman. The roofing project at Chelsea is at about 80 percent complete. The Salazar roofing is about 20 percent complete, and the same goes for the Marmolejo community. Machuca contractor started on the initial four building. As stated before, this will be discussed by Mr. Cichon in executive session. Regarding the Sherman roofing, the initial five buildings have been completed. And the contractor at the Roosevelt community has started on the first building. Mr. Velasquez offered to answer any questions.
Chairperson Fernandez asked if we are on schedule on these ARRA projects.
Mr. Velasquez said that there were a couple of contractors that got somewhat behind, but they are back on track. Therefore, the timelines are good. We don’t foresee any problems with the timelines.
Mr. Cichon said we are very cognizant of the timelines. He added that sixty percent of the dollars have to be expended within twelve months, and you have to have one hundred percent completed within two years. So we are cognizant, and we are tracking these contracts as close as we can to make sure that there is no recapture of any federal funds.
D. Human Resources. No discussion.
Commissioner Coyle pointed out that the Human Resources report shows that we had five separations during the reporting period. In the future, she would like for us to indicate if the separations were voluntary or involuntary.
E. News Articles. No discussion.
Item # 21. The Board of Commissioners May Retire Into Executive Session at Any Time Upon the Motion of Any Commissioner Pursuant to the Texas Government Code, Section 551.071-551.076 to Discuss Any of the Following:
Section 551.071 Consultation with attorney.
Section 551.072 Deliberations about real property.
Section 551.073 Deliberations about gifts and donations.
Section 551.074 Personnel matter.
Section 551.076 Deliberations about security devices.
Discussion on the Following:
(a) Discussion and Update by Legal Counsel on Pending Litigation Matters. (Section 551.071)
(b) Discussion and Update Regarding Arturo Huerta v. Housing Authority of the City of El Paso, Texas. (Section 551.071)
(c) Discussion and Update Regarding Charles Lynn Shelton v. Housing Authority of the City of El Paso, Texas. (Section 551.071)
Commissioner Pratt made a motion to go into executive session. It was seconded by Commissioner Coyle. Motion carried unanimously. The Board went into executive session at 6:40 p.m.
Commissioner Coyle made a motion to come out of executive session. It was seconded by Commissioner Pratt. Motion carried unanimously. The Board reconvened at 8:11 p.m.
Item # 18. Discussion and Action Regarding Arturo Huerta v. Housing Authority of the City of El Paso, Texas. Commissioner Coyle made a motion to table item # 18. It was seconded by Commissioner Pratt. Motion carried unanimously.
Item # 19. Discussion and Action Regarding Charles Lynn Shelton v. Housing Authority of the City of El Paso, Texas. Commissioner Coyle made a motion to table item # 19. It was seconded by Commissioner Pratt. Motion carried unanimously.
Item # 22. Adjournment.
There being no further business to be discussed before the Board, Commissioner Coyle made a motion to adjourn. It was seconded by Commissioner Pratt. Motion carried unanimously.
The meeting was adjourned at 8:12 p.m.
ATTEST:
________________________________ ______________________________
Gerald Cichon Joe Fernandez
Secretary Chairperson of the Board
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