Loading...
Resolution 376-2012 RESOLUTION NO. 376 , 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE TRANSFER OF CDBG AWARD GRANT ACTIVITIES BETWEEN AWARDS TO INCREASE ADA FUNDING, CREATION AND FUNDING OF A NEW SHIP STRATEGY FOR SEWER CONNECTIONS AS A CONTINGENCY IN THE EVENT OF DEMAND FOR FUNDING EXCEEDS CDBG FUNDING AVAILABLE AND TO ENCUMBER MONROE COUNTY SHIP FUNDS FOR THIS PURPOSE, AUTHORIZING STAFF TO PREPARE REQUEST FOR ADDITIONAL FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County has received two 2008 CDBG Disaster Recovery awards for implementation countywide; and WHEREAS, Disaster Recovery 2008 Faye Award will expire on 3/13/2013; and WHEREAS, Monroe County has received a Small Cities 2010 CDBG award for sewer connections in Monroe County which will expire 9/29/2013, and it is estimated that there will be a surplus of over $300,000 in this award; and WHEREAS, under the Disaster Recovery 2008 CDBG awards countywide improvements related to the Americans with Disabilities Act (ADA) are an eligible activity but they not an eligible activity under Small Cities 2010 CDBG award funding; and WHEREAS, the County desires to transfer certain eligible activities presently under 2008 CDGB Disaster Recovery awards to the Small Cities 2010 CDBG award which will enable the use of the $300,000 for eligible activities under the Small Cities 2010 CDBG award and which will free up funding under the 2008 CDBG Disaster Recovery award for ADA activities; and WHEREAS, in the event that sewer connection funding activities exceed current estimates, there are State Housing Initiative Partnership (SHIP) Program funds available as a contingency; and WHEREAS, there is over $140,000,000 in unspent 2005 and 2008 Disaster Recovery Funds as of October 2012 of which a portion will be reallocated to other jurisdictions, if left unused; and WHEREAS, those reallocated activities can be utilized for County ADA and County and Villages of Islamorada sewer connections and other required set - asides; and WHEREAS, the above listed actions serve a public purpose. 1 NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the Monroe County Housing Authority to prepare and submit the necessary budget amendments to the State of Florida, Department of Economic Opportunity (DEO) for the 2008 CDBG Disaster Recovery FAYE award (Modification #4) and the Small Cities 2010 CDBG award to transfer eligible activity between awards to increase ADA funding; and to extend the CDBG Disaster Recivery 2008 FAYE Award by 9 months. 2. Approves the attached SHIP Homeownership Strategy - Sewer Connections and authorizes the Monroe County SHIP Program Administrator to encumber $75,000 of SHIP funding for this Strategy for the fiscal year 2012 -2013. 3. Authorizes staff to prepare letters and presentations requesting additional Disaster Recovery Funding for ADA, sewer connections and other required set - asides and to utilize County lobbying firms to assist in securing additional funding. 4. Authorizes the Monroe County Administrator and/or Mayor to execute the necessary documents to implement the above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 12 day of December, 2012. o Mayor George Nugent Yes o t Mayor Pro Tem Heather Carruthers Yes w za Commissioner Danny Kolhage Yes Commissioner David Rice Yes CD ON Commissioner Sylvia Murphy Yes v c __ © w w ° .- - ,S EAL: AMY HEAVILIN, Clerk Ad Interim ATT Denny - Nehege; - 6lee4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:a Z 4 ht•Al BY: �' &dm% Deputy Clerk ayor George Nugent MONROE COUNTY ATTORNEY P OVED AS T FORM: atti4 LGn.! A' TILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Dot 0 %... /- a �' ..0b 2 G. Name of the Strategy: SEWER CONNECTIONS A. Summary of the Strategy: Funding assistance countywide for septic system decommissioning and central sewer lateral connections. B. Fiscal Years Covered: 2012 - 2013 C. Income Categories to be served: Very low and low. D. Maximum award is noted on the Housing Delivery Goals Charts: Loans not to exceed $8,000.00 per housing unit. E. Terms, Recapture and Default: Loans will be a deferred payment loan for a period of ten (10) years with a zero % interest rate. The loan balance will be forgiven during years six (6) through ten (10) at the rate of twenty (20) % per year. The loan will be due and payable in full upon the sale or transfer of the property, failure to comply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. Local jurisdictions and/or body politics authorized by Florida Statute are not required to enter into a deferred payment loan. F. Recipient Selection Criteria: Applications accepted on a "first come, first ready" basis. G. Sponsor Selection Criteria: N/A RESOLUTION NO. 216 - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO INITIATE BUDGET AMENDMENTS FOR DISASTER RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARDS SUBJECT TO APPROVAL BY THE COUNTY ADMINISTRATOR AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Community Affairs (DCA) has awarded Monroe County a CDBG Disaster Recovery 2008 FAYE (Initial) award of which $1,202,000 is available for sewer connections countywide and whose contract will expire in June of 2012; and WHEREAS, the State of Florida, Department of Community Affairs, has awarded Monroe County additional CDBG Disaster Recovery 2008 Funds (DREF) of which $437,400 is available for sewer connections countywide and whose contract is anticipated to expire in September of 2013; and WHEREAS, the State of Florida, Department of Community Affairs, has awarded the City of Marathon a Small Cities CDBG award of which $637,500 is available for sewer connections and whose contract is anticipated to expire in September of 2013; and WHEREAS, the State of Florida, Department of Community Affairs, has notified Monroe County of its intent to fund a Small Cities CDBG award of which $637,500 would be available for sewer connections and whose contract would be anticipated to expire in October of 2013; and WHEREAS, the total funds awarded in the amount of $2,914,400 currently exceed the demand for sewer connection funding from income eligible applicants; and WHEREAS, it is unlikely that the State of Florida, Department of Community Affairs will extend the June 2012 contract expiration date if there is no demand for sewer connection funding and the funding will be lost to the County; and WHEREAS, it is anticipated that the State of Florida, Department of Community Affairs will extend the June 2012 contract if there is a contract award for construction of an eligible activity and construction has started; and WHEREAS, Removal of Architectural Barriers in Public Buildings (ADA Compliance) is an eligible activity in the Disaster Recovery program but not in the Small Cities program. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the Monroe County Housing Authority to prepare budget amendments to the State of Florida, Department of Community Affairs as necessary to preserve awarded funding for ADA compliance activities in the absence of demand for sewer connection funding. 2. Authorizes the City of Marathon to assume funding responsibility for Marathon applicants to the County program if they so desire. 3. Authorizes the Mayor to execute Disaster Recovery Grant Award budget amendments and any other documents required by DCA in order to preserve the grant funding for use for ADA compliance. 4. Authorizes the County Administrator to approve and execute such budget amendments in the absence of the Mayor. PASSED AND ADOPTED by the board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 17 day of August, 2011. cD N c • O • Mayor Heather Carruthers Yes ti c ) Mayor Pro Tem David Rice Yes o Commissioner Kim Wigington Yes L`-' N Commissioner George Nugent - Yes— c7=3 ._ Commissioner Sylvia Murphy Yes t $EAL ; r.• ATTEST:bANYY L. KOLHAGE, Clerk BOARD OF COUN Y COMMISSIONERS OF MONROE COUN BY: \ BY: Deputy Clerk Mayor eather arruthers Approved as tolega : Date: . , RESOLUTION 020 - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY HOUSING ASSISTANCE PLAN FOR THE MONROE COUNTY DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF THE LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. WHEREAS, the State of Florida Department of Community Affairs (DCA) has announced the Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program; and WHEREAS, the State of Florida Department of Community Affairs (DCA) requires a Disaster Recovery Housing Assistance Plan for the targeting of funding and to define how the program will operate. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the approval of the Monroe County Disaster Recovery Housing Assistance Plan PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20 day of January 2010. Mayor Sylvia Murphy Yes ? • v fat -ri - Mayor Pro Tem Heather Carruthers Yes cp > o t= s cb Commissioner Mario DiGennaro Yes r c- us al 23 Commissioner Kim Wigington Y es �; J..'_ : -- r-- NI r 2 � f ig Commissioner George N eugent Yes �- o lrta. -_ SERF -71 GI 4ST: DANNY L. KOLHAGE, Clerk r— m w c BOARD OF COUNTY COMMISSIONErOF (-----.2 // MONROE COUNTY, FLOI By: 1µ L B / / ' Deputy Clerk Mayor 'via (shy by / Approved as to legal sufficiency: MO A i. E COUNT a TOR EY , Date: R VED A ri • ■ STANT COU 'TY ATTORNEY / V i 6 ate . , RESOLUTION 020 - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY HOUSING ASSISTANCE PLAN FOR THE MONROE COUNTY DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF THE LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. WHEREAS, the State of Florida Department of Community Affairs (DCA) has announced the Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program; and WHEREAS, the State of Florida Department of Community Affairs (DCA) requires a Disaster Recovery Housing Assistance Plan for the targeting of funding and to define how the program will operate. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the approval of the Monroe County Disaster Recovery Housing Assistance Plan PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20 day of January 2010. Mayor Sylvia Murphy Yes -z• o -r Mayor Pro Tem Heather Carruthers Yes cJ > cs r= R' " off, CO Commissioner Mario DiGennaro Yes c._ rn r; Commissioner Kim Wigington Yes �;- , 2 4`' 1 8 23 -� ,j-` . Commissioner George Neugent Yes c) _ 7 - fir` t _� y. �1 D — W O 7 2 M CI Chi •z4tLEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISS ONEEOF •/ MONROE COUNTY, FLOR B 1 .tti s• B Deputy Clerk Mayor "' !via 'hy Approved as to legal sufficiency: MOy • ECOUNT 3 TOR) EY , Date: J ' - R VEDA b' • • - STANT COU ■ TY ATTORNEY / i 6 Date RESOLUTION NO. 3 , 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF APPLICATIONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITIATIVE — TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MAYOR AND /OR COUNTY ADMINISTRATOR TO EXECUTE APPLICATIONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREPARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development has made an allocation of $81,063,855 of Disaster Recovery Initiative Funding for the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 to Monroe County, Florida for a county wide program; and WHEREAS, 14% of this award or $348,417 must be utilized for activities that address affordable rental housing and sub - grantees are encouraged to work with public housing authorities or other qualified non profits to accomplish this requirement; and WHEREAS, eligible activities include infrastructure, public facilities, business or commercial activities and housing; and WHEREAS, the infrastructure, public facilities and business or commercial activities can only take place in low to moderate income (very low and low income) service areas; and WHEREAS, award recipients cannot use this disaster assistance for a project or activity that was undertaken prior to the Presidential Disaster Declaration; and WHEREAS, housing is an eligible activity that does not require a target area; and WHEREAS, the Department of Community Affairs Action Plan requires that funds be made available countywide; and WHEREAS, the application for grant funding is due December 15, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. 2. Authorizes the Mayor and/or the County Administrator to execute applications, award agreements, program documents and reports and close out documents. 3. Authorizes the Monroe County Housing Authority to prepare the applications and administer the program. 4. Authorizes up to $10,000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter - governmental agreements for the Board of County Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 21st day of October, ko 2009. a c `'' — O C.:"3 ` , CC Mayor George Neugent Yes ca Mayor Pro Tem Sylvia Murphy Yes o a ; .- Commissioner Mario DiGennaro Yes z O r E, Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes 0 18 ?a�r • 444 • L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONRO COUNTY, FLORIDA y-4 Yle...40. By: By S Deputy Cle Mayor George Neugent Approved as to legal sufficiency: Si GOUNTY; •'` =Y , Date: • - - RO DAS /•. // A • j ' pEDRO C J. RCADO (O ASSfSTANT O TY A. TO ►;Fi_Y / p'tE __ -- MON ROE C OUNTY SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL �S COVERED 2010- 2011/2011- 2012/2012 -2013 l ilibi 0,, ,C. : ' ' It ,'"iti , '41,-',;.t til ( 4. ,„.... al. K,,,.....„.____ 1 Revised August 17, 2011 TABLE OF CONTENTS Title: Page No. Section I. Program Description 3 Section II. Strategies: A. Homebuyer Rehabilitation 7 B. Homebuyer Purchase Assistance 9 C. Homebuyer Impact Fee Assistance 12 D. Homebuyer Florida Homebuyer Opportunity (FHOP) 15 E. Disaster Mitigation 17 F. Rental Construction/Rehabilitation 18 Section III. Incentive Strategies Section IV: Exhibit A — Administrative Budget Exhibit B — Timeline for Encumbrance and Expenditure Exhibit C — Housing Delivery Goals Chart Exhibit D — Certification Page Exhibit E — Adopting Resolution Exhibit F — Program Information Sheet - 2 - Revised August 17, 2011 PROGRAM DESCRIPTION: Chapter 67- 37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. Monroe County Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; N/A B. Purpose of the program: Section 420.9072, F.S. and Chapter 67- 37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67- 37.002,F.A.C. X 2010/2011 X 2011/2012 X 2012/2013 D. Governance: Chapter 67- 37.005(3) and (5)(i)F.A.C. and Section 420.9071(14)F.S. The Monroe County SHIP Program is established in accordance with Section 420.907 -9079, Florida Statutes and Chapter 67- 37.007 Florida Administrative Code. The SHIP Program does further the housing element of the local government comprehensive plan. Cities and Counties must be in compliance with applicable statutes and rules: Section 420.907 -9079, F.S. and Chapter 67 -37, F.A.C. E. Local Housing Partnership Section 420.9072(1)(a), F.S. The Monroe County SHIP Program encourages active partnerships between government, lenders, builders and developers, real estate professionals and advocates for low- income persons. F. Leveraging: Chapter 67- 37.007(1)(b)(c), F.A.C. and Section 420.9075(1)(a) and (1)(b3, and (1)(c), F.S. - 3 - Revised August 17, 2011 The Plans increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds will be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67- 37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations. Public input was solicited through the local newspaper I the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: Chapter 67- 37.005(6)(a), F.A.C. The county or its administrative representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. Discrimination: Section 420.9075(3)( c), P.S. In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67- 37.005(5)(g),F.A.C. Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling and Tenant Counseling K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67- 37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area - 4 - Revised August 17, 2011 purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: X Independent Study (copy attached) U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts. New Construction at $540,000 and Existing Homes at $522,000 L. Income Limits, Rent Limits and Affordability: Chapter 67- 37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Welfare Transition Program: Chapter 67- 37.005(6)(b)(7)F.A.C. Should an eligible sponsor be used, the city /county has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the Welfare Transition Program and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (1), F.S. In the case of rental housing, the staff or entity that has administrative - 5 - Revised August 17, 2011 authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: Chapter 67- 37.005(6)(f)3, F.A.C.. A detailed listing including line -item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. Monroe County finds that "the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." Monroe County has adopted the above findings in the attached resolution, Exhibit E. P. Essential Service Personnel: Include a definition as required in Chapter 67- 37.002(6), F.A.C. Essential Services Personnel in Monroe County shall mean and include, without limitation full -time and part-time working persons employed in Monroe county providing services in the construction and skilled building - 6 - Revised August 17, 2011 trades, real estate, finance, public and non - profit organization, healthcare, licensed professions and trades, commercial fishing, hospitality, wholesale and retail consumer services, transportation, education, security, entertainment and any similar service otherwise constituting an essential component of the local economy and community. Q. Section 420.9075(3)(d) F.S. — priority will be given to those applicants who demonstrate innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance, such as but not limited to rehabilitation of existing homes to greatly reduce the carbon footprint of building new homes; installation of storm shutters and high impact windows and doors; use of recycled construction materials; installation of new energy saving rated appliances; etc. - 7 - Revised August 17, 2011 II. LHAP HOUSING STRATEGIES: Chapter 67- 37.005(5), F.A.C. A. Name of the Strategy: HOUSING REHABILITATION A. Summary of the Strategy: Funding assistance for housing rehabilitation. B. Fiscal Years Covered: 2010 - 2011/2011- 2012/2012 -2013 C. Income Categories to be served: Very low, low and moderate D. Maximum award is noted on the Housing Delivery Goals Charts: Mortgage loans not to exceed $35,000 for housing rehabilitation and $10,000 for wastewater improvements. Closing and inspection costs in excess of the maximum award will be a program expense, shall not exceed $350.00 and will be a grant to the borrower. E. Terms, Recapture and Default: Mortgage loans will be a deferred payment loan for a period of twenty (20) years with zero % interest. The loan will be due and payable in full upon sale or transfer of the property, twenty -years (20), failure to comply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. F. Recipient Selection Criteria: Applications accepted from public entities, non - profit housing providers and individual homeowners for housing rehabilitation of existing housing. Applicants who have been determined to be income eligible for program assistance, will be placed on a waiting list according to their income classification, and will receive assistance on a first come, first ready basis, with priority given to the lowest income applicants. Applicants may submit a completed SHIP application to the Monroe County Housing Authority at any time, unless the waiting list is closed or until annual funding is expended. G. Sponsor Selection Criteria: N/A - 8 - Revised August 17, 2011 H. Additional Information: For the purpose of this strategy, the standard for rehabilitation is defined as those improvements necessary for the subject unit to meet the U.S. Department of Housing and Urban Development's Housing Quality Standards (HQS) with the exception of wastewater improvements. Any households receiving rehabilitation assistance under this strategy are not eligible for additional SHIP funding for a period of three (3) years from closeout of grant/loan. Priority will be given to those applicants demonstrating innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. - 9 - Revised August 17, 2011 B. Name of the Strategy: HOMEBUYER PURCHASE ASSISTANCE A. Summary of the Strategy: Funding assistance for the purchase or construction of a single - family, residential, owner occupied property, including condominiums and townhouses. B. Fiscal Years Covered: 2010-2011/2011-2012/2012-2013 C. Income Categories to be served: Very low, low and moderate D. Maximum award is noted on the Housing Delivery Goals Charts: Mortgage loan not to exceed $45,000.00. Inspection costs in excess of the maximum award will be a program expense, shall not exceed $350.00 and will be a grant to the borrower. E. Terms, Recapture, Default and Assumption: Mortgage loans will be a deferred payment loan for a period of thirty (30) years with zero % interest. The loan will be due and payable in full upon payment in full of the first mortgage, sale or transfer of the property, thirty years (30), failure to comply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. Individual SHIP Homebuyer Mortgage Loans may be assumable in order to enhance the owner occupied property's marketability when the current appraised value is equal to or less than the original purchase price on a case by case basis and must be recommended by the SHIP Program Coordinator and approved by the SHIP Program Administrator. This assumption provision shall expire on June 30, 2013. F. Recipient Selection Criteria: Applications for Homebuyer Assistance must include: 1. A contract for purchase of an existing housing unit or one under construction. An "under construction" housing unit shall be defined as having a building permit and pilings /foundation complete and inspected. - 10 - Revised August 17, 2011 2. A lending institution pre - qualification letter for the amount to be financed which may assume a $45,000 SHIP loan. 3. An affidavit from the Seller in the event this is a unit under construction, indicating the delivery date of the housing unit [cannot be more than five months from the date of the SHIP Notice of Funding Availability (NOFA)]. In the event there are more applicants than funds available, upon completion of the initial advertising, lotteries will be utilized to determine the order of the funding. Applications will be ranked by date and time of receipt. The day, time and location of the lottery will be made available to the eligible applicants within one week of the end of the NOFA. An independent 3rd party will draw numbers to establish the order of ranking. Applicants do not have to be present at the drawing to participate. Funding will be awarded in the order drawn, in the event an applicant withdraws his application, the next person on the list will be funded. Applicants who fail to submit complete applications, who do not meet SHIP threshold requirements or cannot close due to financing or any other reason, may not reapply for SHIP assistance until the following application cycle. No new applications will be accepted for this strategy until all previously ranked by lottery applicants have had an opportunity to participate. In the event additional funding slots become available, the program will re- advertise the availability of funds and if need be, conduct a new lottery. G. Sponsor Selection Criteria: N/A H. Additional Information: Buyer(s) must contribute a minimum three percent (3%) down payment. Property must meet minimum health and safety standards as defined under the U.S Department of Housing and Urban Development's, Housing Quality Standards (HQS). Any HQS deficiencies must be corrected prior to or as part of the purchase transaction. In the case of new construction, a Certificate of Occupancy (CO) may be substituted for the HQS inspection. Mortgage loans to public entities, which retain ownership of the land under the terms of a ground lease, shall extend to the improvements. The dwelling unit purchased must be financed with a federally insured financial institution. In the event other financing methods are utilized and approved by the SHIP Administrator, the SHIP Note and Mortgage must be a first mortgage. - 11 - Revised August 17, 2011 Priority will be given to those applicants demonstrating innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Shared Appreciation Provision: All SHIP funds under this strategy are subject to a mortgage that shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the Monroe County SHIP Program. The amount due Monroe County upon sale, refinancing or transfer of the property shall be calculated by adding the sum of the principal balance of the SHIP loan and 50% of the appreciated value. The appreciated value shall be the difference between the original purchase price and the sales price less any real estate commission, less the value of any permitted improvements. Housing units constructed utilizing Affordable Housing Permits which restrict appreciation in the housing unit's value, shall not be subject to the Shared Appreciation Provision. - 12 - Revised August 17, 2011 C. Name of the Strategy: IMPACT FEE ASSISTANCE HOUSING ASSISTANCE STRATEGY FOR THE CITY OF KEY WEST IMPACT FEE PROVISO (IFP) FUNDING Funding for this strategy will be based upon repayments of Impact Fee Proviso Funding loans that were awarded in 2010. This strategy is not funded by the annual SHIP Distribution. A. Summary of the Strategy: Funding assistance for the purchase of residential properties located within the city limits of the City of Key West, Florida and up to Mile Marker 12, upon authorization by Florida Housing Finance Corporation including condominiums and town - homes. Impact Fee Proviso (IFP) funds may not be used to purchase mobile homes. B. Fiscal Years Covered: 2010-2011/2011-2012/2012-2013 C. Income Categories and funding set - asides: Very low, low and moderate D. Maximum award: The IFP Mortgage loan is not to exceed the amount necessary to ensure the eligible purchaser's principal, interest, real estate taxes and insurance (PITI) payment does not exceed 33% of their annual household income and/or an 80% loan to value, whichever is higher. The maximum award for this strategy is $258,000. The purchase price of the housing unit may not exceed $400,000. Inspection costs in excess of the maximum award will be a program expense, shall not exceed $350.00 and will be a grant to the borrower. E. Terms, Recapture and Default: IFP Mortgage loans will be a deferred payment loan for a period of thirty (30) years with zero % interest. The mortgage shall include standard provisions for enforcement of the terms and conditions contained in the mortgage including judicial remedies. The loan will be due and payable in full upon sale or transfer of the property, thirty (30) years, failure to comply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. - 13 - Revised August 17, 2011 F. Eligibility Requirements: 1. Applicants must derive at least 70% of their income from gainful employment in Key West. 2. Applicants may not own a second home. 3. The dwelling unit purchased must be owner occupied. 4. The dwelling unit purchased must be financed with a federally insured financial institution. In the event other financing methods are utilized and approved by the SHIP Administrator, the SHIP Note and Mortgage must be a first mortgage. G. Recipient Selection Criteria: Funding is available for commitment to individual applicants who have valid contracts for purchase for eligible homes and secured a fixed rate or an adjustable rate with the first five years fixed first mortgage (no reverse or interest only mortgages will be considered) on a "first come / first ready basis ". In the event there are more applicants than funds available for any income set - aside, upon completion of the initial advertising, a lottery will be utilized to determine what order applicants can participate. Applicants who have been determined to be income eligible for program assistance will be placed on a lottery waiting list and receive a SHIP Commitment based on their position on the lottery waiting list. Applicants must execute a contract for a housing unit and secure a loan commitment within 45 days of receiving their SHIP Commitment. Short sales are not considered a contract until all parties have executed the agreement. Applicants must close within 90 days of receiving a SHIP Commitment. Applicants may submit a completed application to the Monroe County SHIP Office at any time, unless the waiting list is closed or until funding is expended. H. Additional Information: Buyers must contribute a minimum of the sales price of the unit as a down - payment as follows: Very -low Income 1% Low Income 2% Moderate Income 3% The property must meet minimum health and safety standards as defined under the U.S Department of Housing and Urban Development's, Housing Quality Standards (HQS). - 14 - Revised August 17, 2011 Priority will be given to those applicants demonstrating innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Maximum Sales Price: The maximum sales price shall be $400,000.00 J. Shared Appreciation Provision: All funds under this strategy are subject to a mortgage that shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the Monroe County SHIP Program's Housing Assistance Strategy For The City Of Key West Impact Fee Proviso Funding unless the unit is regulated by a recorded affordable housing restrictive covenant. The amount due the Strategy upon sale or transfer of the property shall be 50% of the appreciated value. The appreciated value shall be the difference between the original purchase price and the sales prices less any real estate commission and less the value of any permitted improvements. K. Program Income: Repayments from this strategy may only be utilized to purchase properties within the city limits of the City of Key West and up to Mile Marker 12, upon authorization by Florida Housing Finance Corporation. - 15 - Revised August 17, 2011 D. Name of the Strategy: Florida Homebuyer Opportunity Program (FHOP) A. Summary of the Strategy: This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend 2010 -2011 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebuyer is entitled to under the First time Homebuyer Credit. The state program shall be called the "Florida Homebuyer Opportunity Program "(FHOP). B. Fiscal Years Covered: Until expiration of the federal first -time homebuyer tax - credit. C. Income Categories to be Served: Up to $75,000 for single taxpayers or $150,000 for joint filers. There is no requirement to reserve 30 percent of the funds for awards to very-low- income persons or 30 percent of the funds for awards to low- income persons; and there is no requirement to expend 75% of funds for construction, rehabilitation or emergency repair. D. Maximum Award: Maximum award is the principal balance of the loans provided shall not exceed 10% of the purchase price or $8,000 whichever is less. E. Terms, Recapture and Default: Mortgage loans will be forgiven if the loan is repaid within 18 months from the date of closing. The homebuyer(s) shall be expected to use their federal income tax refund to fully repay the loan. If the county receives repayment from the homebuyer(s) within 18 months after the closing date of the loan, the county shall waive all interest charges and fees. A homebuyer who fails to fully repay the loan within 18 months of the date of closing shall be subject to monthly repayments of the outstanding debt amortized over 60 months at 6% per annum. Loans repaid during the period when there is still an active homebuyer tax credit program must be used to help more FHOP buyers. Once the tax credit program ceases to exist, all funds repaid to the county shall be considered "program income" as defined in s. 420.9071 (24) and can be utilized on any SHIP strategy. - 16 - Revised August 17, 2011 • F. Recipient Selection Criteria: Recipients must meet the requirements of the following; the maximum income limit shall be Adjusted Gross Income of $75,000 for single taxpayer households or $150,000 for joint - filing taxpayer households, which is equal to that permitted by the American Recovery and Reinvestment Act of 2009. - 17 - Revised August 17, 2011 E. Name of the Strategy: DISASTER MITIGATION A. Summary of the Strategy: Funds provided to homeowners and owners of rental properties to make hurricane related or other disaster repairs for which an emergency or natural disaster has been declared by executive order and which have an approved local housing assistance plan to implement a local housing assistance strategy, consistent with ss. 420.907- 420.9079, for repairing and replacing housing damaged as a result of the emergency or natural disaster. B. Fiscal Years Covered: 2010- 2011/2011- 2012/2012 -2013 C. Income Categories to be served: Very low, low and moderate D. Maximum award is noted on the Housing Delivery Goals Charts: Loans not to exceed $35,000 per housing or rental unit. E. Terms, Recapture and Default: Loans will be a deferred payment loan for a period of ten (10) years with a zero % interest rate. The loan balance will be forgiven during years six (6) through ten (10) at the rate of twenty (20) % per year. The loan will be due and payable in full upon the sale or transfer of the property, failure to comply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. Local jurisdictions and/or body politics authorized by Florida Statute are not required to enter into a deferred payment loan. F. Recipient Selection Criteria: Applications processed on a "first come, first ready" basis. G. Sponsor Selection Criteria: N/A H. Additional Information: For the emergency repairs under this strategy, emergency repairs are defined as those repairs to damages resulting from a disaster that pose an immediate health and safety hazard to occupant(s). - 18 - Revised August 17, 2011 F. Name of the Strategy: RENTAL STRATEGIES CONSTRUCTION/REHABILITATION A. Summary of the Strategy: Funds provided for the construction or rehabilitation of affordable housing units. B. Fiscal Years Covered: 2010-2011/2011-2012/2012-2013 C. Income Categories to be served: Very low, low and moderate (tenants) D. Maximum award is noted on the Housing Delivery Goals Charts: Mortgage note up to a maximum of $40,000 per unit average. E. Terms, Recapture and Default: Due and payable in full upon sale or transfer of the property or failure to comply with the terms of the SHIP Rental Monitoring Agreement or Land Use Restriction Agreement (LURA). SHIP set aside units assisted under this strategy must maintain rents that do not exceed the rent maximums published annually by the Florida Housing Finance Corporation. SHIP recipients that offer rental housing for sale within fifteen years of the SHIP award must give a right of first refusal to eligible non - profit organizations for purchase at the current market value for continued occupancy by eligible persons. FOR PROFIT ENTITIES and NON - PROFIT ENTITIES: Entities proposing construction/rehabilitation in conjunction with Florida Housing Finance Corporation (FHFC) funding are eligible for loans secured by a mortgage up to $40,000 or that amount sufficient to satisfy the FHFC local contribution portion of the FHFC program, whichever is less. The for - profit loan is at an interest rate of 3% with a minimum term of fifteen (15) years with principal and interest due upon maturity. The non - profit loan is at an interest rate of 0% with a minimum term of fifteen (15) years and principal balance forgiven at maturity. Entities proposing construction/rehabilitation are eligible for mortgages not to exceed an average of $40,000 per unit. Should all funds not be expended to a specified unit, these funds may be transferred for the completion of another unit being rehabilitated. A modified award letter will be required. Loan amount will be based on number of units times the allotted amount per unit. This loan is at an interest rate of 3% with a minimum term of fifteen (15) years for for - profit entities with the principal and interest due upon maturity. - 19 - Revised August 17, 2011 Non - profit entities are eligible for mortgages at an interest rate of 0% with a minimum term of fifteen (15) years and principal balance forgiven at maturity. Loans may be extended in conjunction with an extension of the SHIP Rental Monitoring Agreement. (see h. Additional Information) F. Recipient Selection Criteria: Priority shall be given to applicants in the following order until all available funding is committed/expended. Priority #1 Applications proposing the creation of the new rental units by construction or rehabilitation, ranked in the following order: la. Proposing the longest period of affordability lb. Units serving very low - income tenants lc. Units serving substantially ( %) very low- income tenants ld. Serving low- income tenants le. Serving substantially ( %) low- income tenants lf. Serving moderate - income tenants The tiebreaker within Priority #1 shall be the lowest SHIP per unit cost. Priority #2 Applications proposing the rehabilitation of existing affordable rental units, ranked in the following order: 2a. Proposing the longest period of affordability 2b. Serving very low- income tenants 2c. Serving substantially ( %) very low- income tenants 2d. Serving low- income tenants 2e. Serving substantially ( %) low - income tenants 2f. Serving moderate - income tenants The tiebreaker within Priority #2 shall be the lowest SHIP per unit cost. G. Sponsor Selection Criteria: N/A H. Additional Information: All entities funded under this strategy will be required to execute a SHIP Rental Monitoring Agreement and Land Use Restriction Agreement (LURA) for a minimum term of fifteen (15) years. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental - 20 - Revised August 17, 2011 developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Governmental entities shall not be required to execute a note and mortgage for this strategy. Priority will be given to those applicants demonstrating innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. - 21 - Revised August 17, 2011 III. LHAP INCENTIVE STRATEGIES F.S.Sec. 420.9071(16) A. Name of Strategy: Expedited Permitting Permits as defined in Sec. 163.3167(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. Established policy and procedures: The Monroe County Comprehensive Plan and the Land Development Regulations established a set aside of 30% of all building permits issued for affordable housing. This includes the unused allotment of permits for affordable housing set aside units to be rolled over and accumulated each year without going through the ROGO (Rate of Growth Ordinance) process. Monroe County has assigned Planning Department staff to facilitate affordable housing applications. Affordable permits jump to the head of the line (first priority) in all stages of the planning review and permitting process. Adopted — Ordinance No. 024 -2009. B. Name of Strategy: Modification of Impact Fee Requirements Established policy and procedures: The County shall continue to waive impact fees for all affordable housing. The Building Department and Planning Departments are responsible for implementation. (Comprehensive Plan Policy 601.1.12; LDC Chapter 126). C. Name of Strategy: Flexibility in Densities for Affordable Housing Established policy and procedures: 1) Monroe County has increased density for affordable housing on land zoned SC (up to 18 units per acre versus 6), MU 9 (up to 18 units per acre versus 12) and UR (up to 25 units per acre versus 12). [Comprehensive Plan Policy 101.4.21; LDC Sec. 130- 161(a)(1)]. 2) The County shall continue to allow the construction of affordable housing units on commercial sites without deducting from the commercial floor area allowed or residential density allowed. [LDC Sec. 130- 161(a) (5)] D. Name of Strategy: Reduction of parking and setback requirements for affordable housing Established policy and procedure: Currently, variances are available where the requisite criteria can be met. The Planning Department is responsible for this on a case by case basis. - 22 - Revised August 17, 2011 E. Name of Strategy: Allowance of Flexible Lot Configurations Established policy and procedure: Monroe County allows flexible lot configurations to the extent setback and buffers are met. Within a development, zero lot line configurations are allowed. Variances are available where the requisite criteria can be met. The Planning Department is responsible for this on a case by case basis. F. Name of Strategy: Modification of Street Requirements Established policy and procedure: Monroe County allows internal street configurations that meet life - safety criteria. The Planning Department is responsible for this on a case by case basis. G. Name of Strategy: Cost of Housing Establishment of a process by which a local government considers before adoption, policies, procedures, ordinances, regulations, or plan provisions that have a significant impact on the cost of housing. Established policy and procedures: 1) All County resolutions and ordinances contain a cost analysis section specific to affordable housing, the county has waived impact fees for affordable housing and building permit fees for the very low and low income homeowner participating in local, state or federally supported affordable housing programs. As an Area of Critical State Concern, the County's policies, procedures, ordinances and regulations are subject to the approval of the Florida Department of Community Affairs which is concerned and monitors the cost of affordable housing. Adopted — Ordinance 024 -2009. 2) The county waives planning application fees for all affordable housing, and waives building permit applications for charitable organizations and those affordable housing projects receiving financial aid from or leasing rt property from Monroe County, and others as approved by the Board of County Commissioners. (LDC Sec. 6- 108(d) (2) and Sec. 6- 108(e)) The Planning Department and Building Department are responsible for the administration of the respective fee waivers. - 23 - Revised August 17, 2011 H. Name of Strategy: Provide an Inventory of County Owned Property Suitable for Affordable Housing Established policy and procedures: Pursuant to Florida Section Sec. 125.379, the County has prepared and will continue to provide an inventory of possible sites suitable for affordable housing. (Comprehensive Plan Policy 601.1.6) The Clerk of Court has the list of properties approved by the Board of County Commissioners in Resolution 299 -2007. I. Name of Strategy: Support development near transportation hubs and major employment centers and mixed use developments Established policy and procedures: The County has a purchase and lease -back program for affordable housing. The properties leased for affordable housing development comply with this requirement. J. Name of Strategy: Inclusionary Housing Established policy and procedure: Where development or re- development exceeds three units, Thirty Per Cent (30 %) of units must be deed restricted as affordable housing for ninety -nine years. (LDC Sec. 130- 161(b) The Planning Department is responsible for the evaluation of development requirements. - 24 - Revised August 17, 2011 IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67- 37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67- 37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), F.S. N/A H. Interlocal Agreement: Section 420.9072, F.S. N/A I. Independent Study: A copy of the Independent Study is attached as EXHIBIT I. - 25 - Revised August 17, 2011