BOARD MEETING OF JUNE 9, 2006 Beth Anderson, Chair C. Kent Conine, Vice-Chair Shadrick Bogany, Member Sonny Flores, Member Vidal Gonzalez, Member Norberto Salinas, Member TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BOARD OF DIRECTORS MEETING ROLL CALL Present Absent Anderson, Beth, Chair __________ __________ Conine, C. Kent, Vice-Chair __________ __________ Gonzalez, Vidal, Member __________ __________ Salinas, Norberto, Member __________ __________ Bogany, Shadrick, Member __________ __________ Flores, Sonny, Member __________ __________ Number Present __________ Number Absent __________ _____________________, Presiding Officer MISSION TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO HELP TEXANS ACHIEVE AN IMPROVED QUALITY OF LIFE THROUGH THE DEVELOPMENT OF BETTER COMMUNITIES 6/2/2006 10:05 AM BOARD MEETING TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 1100 Congress Avenue Capitol Extension Room E1.036 Austin, Texas 78701 Friday, June 9, 2006 9:45 am A G E N D A CALL TO ORDER, ROLL CALL Elizabeth Anderson 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 the department staff and motions made by the Board. PRESENTATION BY UNITED STATES DEPARTMENT OF AGRICULTURE – RURAL DEVELOPMENT Presentation by Brian Daniels, State Director of the USDA Texas Rural Development Office to discuss TDHCA/USDA relations and overlapping programmatic policies that may include but not be limited to the USDA 515 Program, timing-related issues and other topics determined by the Board. The Board of the Texas Department of Housing and Community Affairs will meet to consider and possibly act on the following: CONSENT AGENDA Items on the Consent Agenda may be removed at the request of any Board member and considered at another appropriate time on this agenda. Placement on the Consent Agenda does not limit the possibility of any presentation, discussion or approval at this meeting. Under no circumstances does the consent agenda alter any requirements provided under Texas Government Code Chapter 551, the Texas Open Meetings Act. Item 1: Approval of the following items presented in the Board materials: General Administration Items: a) Minutes of the Board Meeting of April 13, 2006 b) Minutes of the Board Meeting of May 4, 2006 Bond Finance Division Items: c) Approval of a Resolution Authorizing Positions Authorized to Sign Documents Related to Bond Transactions Housing Program Items: d) Approval of Changes to the Loan Terms for FDI-University Place, Ltd. – HOME Loan Award #1000431 e) Recommendation to the Board for the selection of an independent auditor ACTION ITEMS Item 2: Presentation, Discussion and Possible Approval of Portfolio Management & Compliance Division Items: HOME Program Amendments: 1000186 Brewster County 1000486 City of Nash 1 6/2/2006 10:05 AM Item 3: Presentation, Discussion and Possible Approval of Community Affairs Division Items: Presentation, Discussion and Approval of Draft 2007 State Low Income Housing Energy Assistance Program (LIHEAP) Plan Item 4: Presentation, Discussion and Possible Approval of Housing Programmatic Items: Presentation, Discussion and Possible Approval of the Draft Agency Strategic Plan for the Fiscal Years 2007-2011 Item 5: Presentation, Discussion and Possible Approval of Multifamily Division Items – Specifically Housing Tax Credit Items: a) Discussion and Possible Action Regarding Housing Tax Credit Appeals and any other Appeals Timely Filed: 060042 Country Lane Seniors – Waxahachie Community Waxahachie 060244 Waco River Park Apartments Waco 060224 Notting Hill Gate Apartments Missouri City 060143 Sun Valley Homes Mercedes 060147 Orchard Valley Homes Mercedes 060144 Centerpoint Home Ownership Weslaco 060117 Mesquite Terrace Pharr 060118 Sunset Haven Brownsville 060110 Evergreen at Farmers Branch Farmers Branch 060170 Orchard Park at Willowbrook Houston 060219 Providence Estates Rosenberg 060138 Residences at Eastland Fort Worth 060234 Alamito Place El Paso 060242 Pear Orchard Apartments Beaumont 060088 Red Oak II Waco Any Additional Appeals Timely Filed b) Discussion and Possible Action Regarding Report of Housing Tax Credit Challenges Pursuant §50.17(c) of the 2006 QAP c) Presentation, Discussion and Possible Approval of remaining applications for Hurricane Rita Housing Tax Credit Awards and Possible Use of 2006 National Pool, 2006 Recaptured Credits or 2007 Forward Commitment out of the possible list of Applications: App# Development Name City Credit Amount Request 060241 Sienna Trails Townhomes Beaumont $413,807 060240 Briarbend Village at Sienna Trails Beaumont $477,947 060239 Timber Creek at Sienna Trails Beaumont $493,376 060065 Stone Hurst II Beaumont $850,000 060018 The Fairgrounds at Concord Beaumont $1,200,000 060242 Pear Orchard Apartments Beaumont $641,822 060199 Legacy Senior Housing of Port Arthur Port Arthur $1,031,125 060148 Pineywoods Orange Development Orange $564,049 060092 Twelve Oaks Apartments Vidor $626,000 060105 Cypresswood Crossing Orange $689,500 060149 The Women’s Shelter of East Texas Lufkin $354,139 d) Presentation, Discussion, and possible action on release of LURA regarding property on Fitzhugh Avenue in Dallas Texas where the property was condemned and destroyed. 2 6/2/2006 10:05 AM e) Issuance of Determination Notices on Tax-Exempt Bond Transactions with Other Issuers: 060408 Amberwood Apartments, El Paso, Texas El Paso HFC is the Issuer Recommended Credit Amount of $489,934 Item 6 Presentation, Discussion and Possible Approval of Multifamily Division Items – Specifically Multifamily Private Activity Bond Program Items: a) Proposed Issuance of Multi-Family Mortgage Revenue Bonds and Four Percent (4%) Housing Tax Credits with TDHCA as the Issuer For: 060609 Sunset Pointe Apartments, Ft Worth, Texas for a bond Amount Not to Exceed $15,000,000 and Issuance of a Determination Notice Recommended Credit Amount of $670,194. b) Inducement Resolution Declaring Intent to Issue Multifamily Housing Mortgage Revenue Bonds for Developments Throughout the State of Texas and Authorizing the Filing of Related Applications for the Allocation of Private Activity Bonds with the Texas Bond Review Board for Program Year 2006: 060619 Rolling Creek Houston Item 7 Presentation, Discussion and Possible Approval of Community Development Block Grant (CDBG) Disaster Recovery Related Items: a) Presentation and Discussion of the State of Texas Action Plan for CDBG Disaster Recovery Grantees as Approved by the U.S. Department of Housing and Urban Development b) Memorandum of Understanding between TDHCA and the Office of Rural Community Affairs (ORCA) for the administration of the CDBG Disaster Recovery and Associated CDBG Administrative Operating Budgets for TDHCA and ORCA EXECUTIVE SESSION Elizabeth Anderson a) The Board may go into executive session (close its meeting to the public) on any agenda item if appropriate and authorized by the Open Meetings Act, Texas Government Code, Chapter 551. b) The Board may go into executive session Pursuant to Texas Government Code §551.074 for the purposes of discussing personnel matters including to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. c) Consultation with Attorney Pursuant to §551.071, Texas Government Code: 1. With Respect to pending litigation styled Hyperion, et al v. TDHCA, Filed in State Court 2. With Respect to pending litigation styled TP SENIORS II, LTD. V. TDHCA Filed in State Court 3. With Respect to pending litigation styled Gary Traylor, et al v. TDHCA, Filed in Travis County District Court 4. With Respect to pending litigation styled Dever v. TDHCA Filed in Federal Court 5. With Respect to pending litigation styled Ballard v. TDHCA and the State of Texas Filed in Federal Court 3 6/2/2006 10:05 AM 6. With Respect to the administrative hearing styled as Public Utility Commission v. The Low Income Energy Efficient Program SOAH Docket No. 473-06-0862 7. With Respect to Any Other Pending Litigation Filed Since the Last Board Meeting OPEN SESSION Elizabeth Anderson Action in Open Session on Items Discussed in Executive Session REPORT ITEMS Executive Director’s Report 1. TDHCA Outreach Activities, April, 2006 2. Department Organizational Chart Changes 3. Report on Bond Pricing and Structure 4. Homeownership Month Activity ADJOURN Elizabeth Anderson To access this agenda & details on each agenda item in the board book, please visit our website at www.tdhca.state.tx.us or contact Nidia Hiroms, TDHCA, 221 East 11th Street, Austin, Texas 78701, 512-475-3934 and request the information. Individuals who require auxiliary aids, services or sign language interpreters 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. Non-English speaking individuals who require interpreters for this meeting should contact Nidia Hiroms, 512-475-3934 at least three days before the meeting so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados. 4 Texas Department of Housing and Community Affairs Board Discussion Item June 9, 2006 Discussion Items Presentation and discussion with