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TDHCA Board Book TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BOARD MEETING OF MARCH 13, 2003 Michael Jones, Chair C. Kent Conine, Vice-Chair Beth Anderson, Member Shadrick Bogany, Member Vidal Gonzalez, Member Norberto Salinas, Member MISSION TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO HELP TEXANS ACHIEVE AN IMPROVED QUALITY OF LIFE THROUGH THE DEVELOPMENT OF BETTER COMMUNITIES BOARD MEETING TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 507 Sabine, Board Room, Fourth Floor, Austin, Texas 78701 March 13, 2003 11:00 a.m. A G E N D A CALL TO ORDER, ROLL CALL Michael Jones CERTIFICATION OF QUORUM Chair of Board PUBLIC COMMENT The Board will solicit Public Comment at the beginning of the meeting and will also provide for Public Comment on each agenda item after the presentation made by department staff and motions made by the Board. The Board of the Texas Department of Housing and Community Affairs will meet to consider and possibly act on the following: EXECUTIVE SESSION Michael Jones Consultation with Attorney Pursuant to Sec. 551.071(2), Texas Government Code - Appeal by Enclave at West Airport, Houston, Multifamily Mortgage Revenue Bonds and Low Income Housing Tax Credits, 02-464 OPEN SESSION Michael Jones Action in Open Session on Items Discussed in Executive Session Item 1 Presentation, Discussion and Possible Approval of Minutes of Board Michael Jones Meetings of February 13, 2003 Item 2 Action on Appeal by The Enclave at West Airport, Houston, Michael Jones Multifamily Mortgage Revenue Bonds and Low Income Housing Tax Credits, 02-464 Item 3 Presentation, Discussion and Possible Approval of Financial Items: C. Kent Conine a) Loan in the Amount of $909,657 to be Made Under the Multifamily Housing Preservation Incentives Program For the Country Club Village Apartments and Other Related Matters b) Resolution Authorizing the Extension of the Certificate Purchase Period for Residential Mortgage Revenue Bonds, Series 2002A, Residential Mortgage Revenue Refunding Bonds, Series 2002B, Residential Mortgage Revenue Refunding Bonds, Series 2002C, and Residential Mortgage Revenue Bonds, Series 2002D c) Resolution Authorizing an Interest Rate Reduction for Certain Fannie Mae Expanded Approval Loans Made Available Through Residential Mortgage Revenue Bonds, Series 2002A, Residential Mortgage Revenue Refunding Bonds, Series 2002B, Residential Mortgage Revenue Refunding Bonds, Series 2002C and Residential Mortgage Revenue Bonds, Series 2002D and Other Related Matters (Program 57A) Item 4 Presentation, Discussion and Possible Approval of Low Income Michael Jones Housing Tax Credit Items: a) Policy on Process/Procedures for USDA “Rescue Transactions” To Request a 2004 Forward Commitment of Tax Credits b) Interagency Contract Between the Texas Department of Housing and Community Affairs and the Office of Rural Community Affairs Concerning the Low Income Housing Tax Credit Program Rural Set Aside c) Additional Extension of Deadline for Commencement of Construction for: 01-144 Autumn Oaks at Corinth d) Request for Relief by King Fisher Creek Apartments, Austin, LIHTC 00-062 Item 5 Presentation, Discussion and Possible Approval of Programmatic Items: Shad Bogany a) CHDO Award Recommendations Under the HOME Program for: 20020016 Bayou Housing Partners HBA ` $ 52,500 20020003 Grayson County CDC HBA ` $357,000 20020010 Aff. Hsg. of Parker Co. HBA/OCC $170,625 b) Section 8 Program Public Housing Authority Plan for The Year 2003 and Other Related Matters c) 2003 Proposed Bond Eligible Tenant Limits Item 6 Presentation, Discussion and Possible Approval of Report from the Audit Vidal Gonzalez Committee: FY 2003 Annual Internal Audit Plan Discussion of: a) External Audit – Communications with Audit Committee Letter b) External Audit - Opinion Audit on FY2002 Basic Financial Statements c) External Audit – Opinion Audit on FY2002 Revenue Bond Program Financial Statements d) External Audit – Opinion Audit of FY2002 Computation of Unencumbered Fund Balances e) External Audit – Report to Management (Management Letter) f) Internal Audit – Low Income Housing Tax Credit Inspection Fee Balances Due From/Due to Project Owners g) Status of Internal/External Audits Item 7 Presentation and Discussion of Report on TDHCA Legislation Filed Through Michael Jones February 28, 2003 Item 8 Presentation and Discussion of Update from Community Affairs Michael Jones Item 9 Presentation and Discussion of Bond and Tax Credit Approval Michael Jones And Disapproval Factors REPORT ITEMS Executive Directors Report Edwina Carrington 1) Young v. Martinez, Civil Action No. P-80-8-CA, U. S. District Court Eastern District of Texas, Analysis of Impediments to Fair Housing, HUD Disapproval of FY 2003 Consolidated Action Plan; Proposed Settlement Agreement and Release 2) Heatherwilde Estates Apartments, LIHTC No. 02-075 EXECUTIVE SESSION Michael Jones Litigation and Anticipated Litigation (Potential or Threatened under Sec. 551.071 and 551.103, Texas Government Code Litigation Exception) – Century Pacific Equity Corporation v. Texas Department of Housing and Community Affairs et al. Cause No. GN-202219, in the District Court of Travis County, Texas, 53rd Judicial District; Consultation with Attorney Pursuant to Sec. 551.071(2), Texas Government Code - (1) 501(c)(3) Multifamily Housing Mortgage Revenue Bonds (Williams Run Apartments) Series 2000A; (2) Young v. Martinez, Civil Action No. P-80-8-CA, U. S. District Court, Eastern District of Texas, Analysis of Impediments to Fair Housing, HUD Disapproval of FY 2003 Consolidated Action Plan; Proposed Settlement Agreement and Release; (3) Heatherwilde Estates Apartments, LIHTC No. 02-075; (4) Bond and Tax Credit Development Approval – Disapproval Factors (5) Appeal by Enclave at West Airport, Houston, Multifamily Mortgage Revenue Bonds and Low Income Housing Tax Credits, 02-464; (6) Request for Relief by Kingfisher Creek Apartments, LIHTC No. 00-062 Personnel Matters under Section 551.074, Texas Government Code If permitted by law, the Board may discuss any item listed on this agenda in Executive Session OPEN SESSION Michael Jones Action in Open Session on Items Discussed in Executive Session ADJOURN Michael Jones Chair of Board To access this agenda and details on each agenda item in the board book, please visit our website at www.tdhca.state.tx.us or contact the Board Secretary, Delores Groneck, TDHCA, 507 Sabine, Austin, Texas 78701, 512-475-3934 and request the information. Individuals who require auxiliary aids, services or translators for this meeting should contact Gina Esteves, ADA Responsible Employee, at 512-475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BOARD MEETING March 13, 2003 ROLL CALL Present Absent Jones, Michael, Chair __________ __________ Anderson, Beth, Member __________ __________ Bogany, Shadrick, Member __________ __________ Conine, C. Kent, Member __________ __________ Gonzalez, Vidal, Member __________ __________ Salinas, Norberto, Member __________ __________ Number Present __________ Number Absent __________ _____________________, Presiding Officer BOARD MEETING TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 507 Sabine, Fourth Floor Boardroom, Austin, Texas 78701 February 13, 2003 10:00 a. m. Summary of Minutes CALL TO ORDER, ROLL CALL CERTIFICATION OF QUORUM The Board Meeting of the Texas Department of Housing and Community Affairs of February 13, 2003 was called to order by Board Chair Michael Jones at 10:10 a.m. It was held at 507 Sabine, Fourth Floor Boardroom, Austin, Texas. Roll call certified a quorum was present. Members present: Michael Jones -- Chair C. Kent Conine -- Vice-Chair Beth Anderson -- Member Shadrick Bogany -- Member Vidal Gonzalez -- Member Norberto Salinas -- Member Staff of the Texas Department of Housing and Community Affairs was also present. Mr. Jones and the Board congratulated Mr. C. Kent Conine on his election as President of the National Association of Home Builders. PUBLIC COMMENT The Board will solicit Public Comment at the beginning of the meeting and will also provide for Public Comment on each agenda item after the presentation made by department staff and motions made by the Board. Mr. Jones called for public comment and the following gave comments at this time. Mae Walker, Houston, Texas Ms. Walker stated she was a 32-yr. resident of the Brentwood Subdivision located in Houston, Texas. This is a well kept community and she asked the Board to not approve the bonds for the Enclave at West Airport for Houston, Texas. There are retired professional people who take pride in their community and there is a low income project there, Palamino Apartments, and since it has been there, crime has soared and litter and trash are thrown in the neighborhoods. She stated there is a health hazard. Mr. Jones recognized Frank White from the House Committee of Urban Affairs who was in attendance at this meeting. Margie Taylor, Houston, Texas Ms. Taylor stated she was the Deed Restriction Chairperson for the Hirom Clark Civic Club subdivision, which includes the Brentwood area and the Palamino Apartments. There are 768 houses in the Brentwood subdivision and there are elementary, middle and high schools. The elementary school is full now as it was not built to hold many students so it now has many temporary buildings. They are expecting 93 new homes to be built so they can not accommodate another project with many children. She asked the Board to not approve the Enclave bonds. Alma Lilly, Houston, Texas Ms. Lilly has been a resident of the Brentwood area for 31 years. They take pride in keeping their neighborhood and with additional people; it would be hard on them to pick up more trash, etc. She asked the Board to not approve the Enclave. Claudette Edwards, Houston, Texas Ms. Edwards stated she is the President of the Hirom Clark Civic Club and the current project, the Palamino, has no security and there are drugs, shoot-outs, etc. and she asked the Board to not approve the Enclave. Celeste Baltrip, Houston, Texas Ms. Baltrip stated there is heavy traffic in the Brentwood Subdivision and they can’t handle any more traffic problems.
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