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UNAHA QUARTERLY BUSINESS MEETING

CEDAR CITY, UT

AUGUST 12, 2014

 

Chairman Adams called meeting to order at 9:00 a.m.

Roll call taken by Secretary.   17 members present.  Quorum established. 

Opening blessing - Patrick Goggles gave opening blessing. 

Jack Sawyer thanked everybody for coming.  Jack explained they have a pow wow each year that is sponsored by the Tribe and the City.  He said there is 5 bands scattered over 5 counties.  We have 5 homes in Cedar City.  Betty Kutch, Chairman of the Board.  Betty welcomed everyone.  She stated there will be a dinner at the Tribal building tomorrow.  We have 301 Tribal members.  Mayor Wilson – Mayor of Cedar City.  She stated that the Tribe and City work together for the betterment of everyone.  She acknowledged the leadership of the Association. 

Approval of Agenda – Jack Sawyer made the motion to approve the agenda with correction, moving Randy Akers after Treasurer’s Report.  2nd by Patrick Goggles.  Discussion.  All in favor.

Minutes of Annual meeting in Denver, CO on March 31, 2014.  Jon Warner- Go Shute Housing Authority made the motion to approve the minutes of March 31, 2014.  2nd by Salish Kootenai.  Discussion.  All in favor.

President’s Report –Jason stated that the SW office puts out a pretty good newsletter.  Website is current – Website address - unaha.org.  Negotiated rulemaking representation and technical support.  Negotiated rulemaking committee approved date set group.  1st call yesterday.  Kevin Klingbeil on how we are going to evaluate data set formally at net neg reg meeting in Scottsdale, AZ.  Meetings are open to the public.  There is a lot of good work going on.  One of the issues – NAIHC has cancelled their Legal Symposium.  Bob – Move it up to match with Indian Finals, the week before Thanksgiving. November 5-9, 2014.  50 – 80 rooms at South Point.  We will have a Treasurer’s Report.  Financially we have been very transparent.  We are transitioning the money into a new account in Montana.  Closed savings account in Wells Fargo.  Last couple of things.  Reauthorization of NAHASDA tracking house bill.  Senate bill, there are some issues there.  Hottest topic is to get that moving. 

Treasurer’s Report –Doug Yankton – Spirit Lake gave Treasurer’s Report.  We have issues with savings account at Wells Fargo.  Everything will transition to bank in Montana.  January to date expenses and income.  Balances and breakdown.  2015 Operating budget.  Continuing contract with Kevin. 

$132,073.94 in all three accounts as of 8/5/2014.  I would entertain a motion to approve of Treasurer’s Report.  Salish made a motion to approve Treasurer’s Report.  2nd by Jack Sawyer.  All in favor. 

NPONAP - Randy Akers

Thank you Jason and the leadership for allowing me time.  This is my 14th year that I have been able to have time with UNAHA.  I am proud of UNAHA, got to say they take on hard decisions.  Sure appreciate it.  10 different things. 

$11.       Training/TA – Working with vendors

$12.      2nd or maybe 3rd year of providing training.  Are you getting training and is it making a difference.  I have been asking staff to check with Tribe/TDHE.  Randy – Check with Katie S- she is the one or anybody in the office. 

$13.      Grants Management – IHBG – due October 18, 2014.  ICDBG – July 24, 2014 – Rating and ranking.  Should have decisions by mid-October.  Bob asked how many applications? 

$14.      HUD is doing away with phone LOCC’s, going with ELOCC’s.  Everyone should be under ELOCC’s by December 31, 2014.  Jack asked who the best person to talk to.  Randy said Grants Management.

$15.      As always there is a lot of guidance’s coming out.  There is 5 coming out.

TDC, 184 loan guarantee program, they are raising a couple of the fees.  HUD won’t be underwriting environmental reviews.

Jack – Why is HUD not involved as they were before?  Fees – Jon – 184 there is two fees increasing.  I see 1 to 1.5 closing fee, annual fee, and mortgage insurance.  Change is only at closing not annual.  Tom Yellow Wolf – It looks more commercial.  Fee simple mortgages, HUD doesn’t look at it.  August 1, we have a window to respond until August 31st.  Bob – 184 had operating handbooks.  194 is not a sophisticated program.  There was no consultation.  Changes are being bought on us by bankers in California.  Deanna Lucerno.  Tom is the policy guy along with Rodger Boyd. 

Jason – Three letters, end of May, they are all FHA regulations.  1st and foremost you are making changes to a program where you have no Tribal consultation.  2 letters – 1 tribal consultation. 

3rd – Administrative ruling – Tribe responsible for environmental reviews Part 58 – Additional staff and additional processing time.  1st and foremost we have to have consultation. 

Randy – That is good feedback, I appreciate that.  Randy, I don’t think I have copies of those letters, I have a meeting with Tom. 

Bob – Where are we on VASH vouchers?  Randy – There is a need to help our veterans.  There have been a lot of road blocks?  What we have been hoping for is legislation. 

Dave – Tribes in our Region couldn’t do anything until bill is passed.

Randy – Administratively it has been one block after another.  That doesn’t mean these challenges haven’t gone away.  Northern Plains is going to be the place willing and wanting to do it. 

Dave – Source of funding.  17 years ago a door was closed and these vouchers would open the door again.  This supplements NAHASDA. 

Randy – There is new leadership at HUD.  New person has been nominated.  Engage those people.  That is all I have right now.

Mayor of Cedar City address group after break.  Chairman Adams – We have been working hard to get Associate members – B & R Foundation, Vital Spirit, I would like to thank our associate members.

Old Business

            Later today to draft a resolution for our organization on the 184 that is spiraling out of control.  In my opinion, HUD’s not following their own consultation policy.  Tom Y – Do you need a motion to get Dave started on the intent of the program.  Giving these changes, it is looking like an FHA program.  Tom Yellow Wolf made a motion to have Wagenlander draft resolution on intent of 184.  2nd by Patrick Goggles.  All in favor. 

Bob G.  Demand from HUD to respond.  Senate Indian Affairs Committee.  Voice and needs are different when they leave the reservation.  I think resolution should be strong.  Look beyond HUD and look to Congress. 

Tom Y- Trust land issue.  Bob – How we should change to give Indians more tools.  It has kind of lost its character.  $150,000. Home – house payment $450.00 a month.  HUD 1.5 % guarantee fee. 

Dave – 184 considered putting 248 together. 

Bob – We should have a standing committee working with HUD, there is a downturn in the economy, less federal funding. 

Bank 2 isn’t flexible.  Tom – We are trying to get more flexibility.  Modest income and NAHASDA eligible.  Discussion.  All in favor of motion to have Dave draft resolution. 

NAIHC Report

Stuart Langdeau read his and Chancey Kittson’s Report on NAIHC.  As far as the report it is pretty self-explanatory.  September 13 & 14, we will be meeting in Oregon and the following Monday, we will be meeting with AMERIND.  In reference to the meeting we are not going to be having the Legal Symposium.  Jason and others are trying do a study on data set.  UNAHA took lead, I believe we should be reaching out to SW.  I think we are going to have a tough time.  A lot of them have resources to fight that.  I believe we should set aside a day to meet with SWIHA.  Tom Y – What is happening with NAIHC, are they going broke?  Stuart – The meeting we had in Kansas City, is the 1st one we had.  We are doing the best we can with the resources we have.  Jack – Discussion on employee losing money.  Stuart – That was reflected in his annual performance evaluation. 

Bob – When David was hired it was unilaterally decided.  Rodger and his Asst Secretary don’t care,  Now they are basically left with membership dues and what AMERIND gives.  One of the things he said, he’s having a hard time getting a meeting with Rodger.  Stuart – We had an election.  Sammi Jo was elected Chairman.  Is it possible for UNAHA to write a letter of support?  Stuart – We have to get back in the limelight.  Jason – I will be attending as an alternate at their retreat.  NAIHC could have come alongside previous TA meetings, NAIHC was there.  Write a positive letter.  Discussion on annual dues to 2 organizations.  She thought she could turn this thing around. 

Jack made a motion to write a positive letter of support to NAIHC.  2nd by Jon.  All in favor.

AMERIND Report

Derek Valdo present to give AMERIND report.  Today’s objectives – Effective, affordable and sustainable. 

We are protecting Tribe’s and we are growing Indian.  We have been operating in Indian Country for 27 years.  We have a clean, unqualified audit.  We are keeping Indian money in Indian Country.  We will be here as long as Tribe’s need us. 

   In the IHBG program – for every $1 we spend $.83.  2015 Renewal – There will be no base rate increase.  Board of Directors approved adjustment.  3% construction inflation adjustment – regional experience modification. 

   Derek went over operational highlights.  Overall performing at 83.7 % of expectations.  All programs reviewed lower than expected claims of 0.6 million with overall net growth of 9%. 

   Net assets increased 5.836 million less budgeted performance incentive. 

Submitted audit to HUD according to 1000.139.  Board is also committed to reducing your membership reserves in January.  Membership reserves are a liability.  Operational highlights – Overall performing at 8.73% of expectations.  All programs experiencing lower than expected claims of 0.6 million with overall net growth of 9%. 

NAIHC and AMERIND will be hosting joint annual meetings. 

All West Basketball tournament is staying in budget. 

Legislative Update

Negotiated Rulemaking – low or no need still get a Block Grant.  Unexpended funds – Our region spends at 92%.  There is nothing that we can do.  40 some Tribes have it adjusted up.  The other part of the issue, HUD allows Seminole to do a training center.  Dave – When this was put into, is that demonstrating low income housing needs. 

Jason – We are asking for a data run.  They have wealth thru gaming, they are not submitting IHBG.

Bob - % or 2 adjustments for inflation, our subsidy demands aren’t keeping up with inflation.  Put units back under PFS.  Tribe’s decide what units to put back under PFS.  Jason – 2 aspects of HUD housing under public housing side.  We don’t get the same consideration. 

Attorney’s Report

Dave – Both groups are chaired by members from our organization.  Housing and transportation program, whatever HUD decides to put into Housing formula goes into transportation.  Their program is statutory, when NAHASDA changes, our programs are in jeopardy. 

Jason- Representative from Yakima, two of you against four of them. 

Kevin’s role. 

$11.       Let’s come to the table and see how we are going to limit our funding.

$12.      How we are going to return funding

$13.       3 years to not change date source.  8-10% of their needs portion.  We needs to do the data runs before group disbands.  If nobody comes, what do you want?  American Housing Survey, they pay the census bureau to run that survey.

How many families, count by families, not by households.  You don’t have to make it housing specific.  Do it for transportation, education and health. 

Dave -Tomorrow they are going to release the NBA schedule.

Jason – The study group held meeting yesterday, they appointed Gary Cooper and Jack.  Now I am trying to catch on issue of the needs group.  Request through needs group, what other data source.  Conclusion – Our recommendation is not to change the Census.  Use IHS birth and death rate. 

Jason – Framework for data source.  Gary Cooper said he has a framework.  Alaskans developed another framework.  We have 2 face to face meetings in the next 12 months. 

Dave – One issue that is overlapping.  Structure and variable.  Some of that will have to be passed onto study group.  Plugging that in trying some changes. 

Sharon – It has been disappointing that we have not started looking at that.   Dave – What do you believe should be in your formula that we need to be mindful?  Census say there is a 30% reduction in Indian.  Propose some language.  Overlapping area.  Ed Goodman and I are working on that.  14 or 15 million in NAHASDA, 4 or 5 million from census. 

Dave – Enrollment for area you are serving.  No restrictions on where you can provide services. 

Jason – FCAS workgroup – IHBG formula negotiated rulemaking committee.  Page 2 NAIHC report.  18 or 19 items, boil them down to areas.  10 items, subpart D.  Demolish units – one year.  Our workgroup came up with 1 year to demolish and 4 years to rebuild.  If at the end of 4 years you don’t HUD, you pay money back. 

Patrick – You put it in IHP and tell the when it will be put back into service. 

FCAS factors.  Local area cost adjustment – AEL, FMR

Studied AEL, add a 3rd.  515 program.  Asked for a data run, but won’t be available by this fall. 

46% of AEL. 

Statutory language – 1000.306, Section C-1000.316 Section VIII units.  Section 502 of Formula.  Technical Correction. 

$14.      On our list is conversions, convert unit from MH to LR.  50 years. 

$15.      Recipients of FCAS with little or no need

$16.      Time limitation on grantee expenditure.  Pierce in house model – 3 x allocation

1 year resting period – OMB clearance – public commenting – 2017 or 2018.

       Stuart – Even after 3 years, if they didn’t make it, they will also risk getting less after that. 

       Jason – We are trying to take what is outside.

$17.       Issue on due process is only one that is left.

Stuart – Is money going back into Treasury?

Jason – Goes back into FCAS, which will go into effect next year.

Bob – Purpose of NAHASDA is self governance, people there are very tied to cultural. 

Dave - $270 million which is three years of funding.  You failed to comply with program rules.  Dave – Legislation can only look forward.  Jason – Regulations- We are looking at forward funding.  99% of way on that.  Section 302 – Other factors – Geographical issues – How their formula is affecting roads, HIS factors. 

$18.       HUD processes and factors

$19.      NAHASDA assisted units – Nobody has come up with any proposed language on this.  Navajo’s said they built 3,000 units. 

$110.  Data challenge procedures – TDC and FMR – Nobody has challenged. 

Overlapping areas – Formula challenge – minimum funding – raising minimum to $75,000.  Needs group chairman, after these ladies, they asked me to co-chair.  1/3 are affected in overlapping.  Dave – Study group is a blowout.  How do you sort out who gets formula funding?  Jason – Any more questions.  Last issue is the Proposal.  We wanted to bring this to full membership.  Bob – It is safe to say that the study group wouldn’t have the info that we have.  Patrick – as officers, do you have a

Recommendation?  Jason – No, we don’t.  Jason – Everything here is a 12 month period.  Jack – The members are most affected pay ½ and association pay ½.  Jason – This is looking at data set.  Tom – When would this start?  Jason – He has an order.  Bob – Data that is irrefutable.  Dave – Front load between now and your next meeting.  2nd part, do evaluation.  Big push by HUD and the others.  2nd phase is the amount of the proposal. 

Patrick – Also, Negotiate a deliverable.  Jason - $52,000. figure until November meeting.  Sharon – I worked with Kevin, I am worried that this region will be left behind.  I believe we should cost share.  Jason – We are good until Scottsdale.  Jon – what do you expect as far as Tribal input. 

Sharon – Contributing to that effort if need be.

Patrick – Cost sharing is part of what we want.  The ones that are most affected are still here.  Next meeting talk about cost.  Patrick made a motion to authorize executive committee to enter into agreement with Big Water Consulting.  2nd by Jack.  All approved. 

Report back in November and talk to Tribes that are most affected by ACS to see if they can contribute more.  Revisit this issue in November. 

Jason – Last issue – Next meeting date and place.  Discussion on INFR November 4-8, 2014 – Southpoint.  Day of meeting and day and ½ of training.  Matt – Blackfeet made a motion to check on having meeting during INFR.  2nd by Tom.  All in favor. 

Spirit Lake made a motion to adjourn.  2nd by Tom Yellow Wolf.  All in favor.  Meeting adjourned at 4:48 p.m.