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Orange CountyOrange CountyBoard of County CommissionersBoard of County Commissioners

Tuesday, June 26, 2007

Discussion Agenda:Approval and execution of the Authorizing Resolutions for the issuance of Multi-Family Housing Revenue Bonds for the financing and development of The Cove on Conway Apartments – Phases I & II

Presented by Orange County HFA - W.D. Morris, Exec. Director

Orange County Housing Finance Authority - Friday, June 22, 2007

TEFRA Hearing Approval ProcessTEFRA Hearing Approval Process

Private Activity Conduit Debt requires TEFRA Approval:

• TEFRA – Tax Equity and Fiscal Responsibility Act of 1982, amended 1986 – Federal Act.

• TEFRA approval is for federal tax purposes.

• TEFRA Hearing conducted by Orange County Housing Finance Authority after Inducement Resolution is approved by the Authority’s Board of Directors.

• Purpose of the TEFRA is to receive comments from area residents regarding the proposed Issuance of Tax Exempt Bonds for Multi-Family Developments or Single-Family Mortgage Financing as required by the IRS Tax Code.


• TEFRA approval:– if bonds are to be issued, TEFRA must be authorized by the Board of

County Commissioners (BCC) of each jurisdiction where the development will take place.

• The TEFRA approval process is NOT a:– Land Use,– Zoning, or– Development approval process.

• No local tax dollars are used for Private Activity tax-exempt financing.

• BCC approves or denies TEFRA Resolutions; proposed projects advances or halts.

TEFRA Hearing Approval Process TEFRA Hearing Approval Process (cont’d.)(cont’d.)


LOCATIONCommission District 4

Orange CountyUNITS OWNER AMOUNT

NOT-TO-EXCEED

The Cove on Conway - Phase ITo be located on the east side of Conway Road, approximately 250 feet southeast of the intersection, Conway Road and Cove Drive – City of Orlando.

96 The Cove on Conway Partners, L.L.L.P., a Florida Limited Liability Limited Partnership

$8,600,000

The Cove on Conway - Phase IITo be located on the east side of Conway Road, approximately 250 feet southeast of the intersection, Conway Road and Cove Drive – City of Orlando.

60 The Cove on Conway Partners II, L.L.L.P., a Florida Limited Liability Limited Partnership

$5,500,000

Project Description – Cove on Conway Apts.Project Description – Cove on Conway Apts.


Project Area MapProject Area Map


Project Area ViewProject Area View


• The proposed developments consist of 156 units (phase I & II)

– Seventy percent (70%) or 110-units will be set-aside for families or individuals at 60% of the Area Median Income (AMI).

– The remaining thirty percent (30%) or 46-units will be structured at market-rate rents.

• Proposed rental ranges:

– $577 for 1-bd/ 1-ba to $854 for 4-bd/ 3-ba(Affordable set-aside units)

– $849 for 1-bd/ 1-ba to $1,369 for 4-bd/ 3-ba(Market-rate)

Set-Asides and RentsSet-Asides and Rents


Chronological Timetable of Events Chronological Timetable of Events

• November 21, 2006:– The applications were received.– The applications were reviewed and analyzed by staff to

determine if the proposals were complete for its recommendation to the Board of Directors for approval of Inducement Resolution.

• December 6, 2006:– OCHFA Board of Directors approved the proposed project for

inducement under Resolution # 2006-31.

• December 21, 2006:– The Authority published a notice of TEFRA Hearing in the

Orlando Sentinel, advertising its scheduled hearing for Friday, January 5, 2007.

Authorized User

the Authority would conduct a TEFRA Hearing to receive written or oral comments regarding the proposed issuance of Multi-Family Revenue Bonds for the proposed projects of Cove on Conway Phase I & II.


• January 5, 2007:– A TEFRA Hearing was conducted.

• January 23, 2007:– An Agenda Item was then prepared for presentation to the

Orange County BCC.– The item was pulled from the Agenda prior to the BCC meeting

due to an error in the publication of the proposed project location.

• February 6, 2007:– A revised TEFRA Hearing Notice was published for a scheduled

hearing on Friday, February 23, 2007.

Chronological Timetable of Events Chronological Timetable of Events (cont’d.)(cont’d.)


• The Authority anticipated presenting the item to the BCC at its meeting of Tuesday, March 20, 2007; however, the item was not schedule for the agenda to allow for additional notification of area residents. Subsequently, the County Administrator directed his staff (Government Relations) to work with the Authority to notify residents of the Conway area about the rescheduled TEFRA Hearing.

• April 26, 2007:– A new TEFRA Hearing was published for a scheduled hearing on

Tuesday, May 15, 2007.

• May 2, 2007:– Orange County staff (Government Relations) mailed 2,900 notices to

residents (property owners) in the Conway area.



• May 15, 2007:– TEFRA hearing was conducted at 5:00 p.m.

• Chambers were filled to capacity to include overflow in the adjacent room.

• 127 residents recorded on the sign-in sheet.• 245 written comments were submitted prior to the hearing.• 1,627 signatures were received by the Authority stating

opposition to the proposed project via petition, addressed to Mayor Crotty and Commissioners.

– Residents in attendance stated opposition to the proposed project due to:

• Over-crowding of schools and roads.• Negative impact on the quality of life and education for the

current and future residents.


Authorized User

(but I’m certain the number exceeded 127).



• Over-crowding of schools and roads.• Negative impact on the quality of life and education for the

current and future residents.• High number of low-income housing developments existing

in the area.• Social and environmental injustices.• Location in a hazardous area: In direct flight path of inbound

and outbound air traffic at Orlando International Airport.• Crime, discrimination and other public safety concerns.

– June 11, 2007• New agenda item was prepared and submitted for the

Orange County BCC meeting for June 26, 2007.

Authorized User

Mayor, Commissioners, you have received in your board package the item that has been discussed. This item has met and exceeded all of the requirements, policies and processes in place for the Issuance of Tax-Exempt Bonds


Action RequestedAction Requested

• Approval and execution of the Authorizing Resolutions for the issuance of Multi-Family Housing Revenue Bonds for the financing and development of The Cove on Conway Apartments – Phases I & II in an amount not-to-exceed $8,600,000 for Phase I and $5,500,000 for Phase II.

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