Item D3 D.3
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: D.3
Agenda Item Summary #7906
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra (305) 289-2588
NA
AGENDA ITEM WORDING: Approval of a Resolution amending and replacing Resolution 090-
2019 which provides relief from Code Compliance fines, liens and costs that resulted from
Hurricane Irma Impacts for households that obtain Community Development Block Grant - Disaster
Recovery (CDBG-DR) Assistance through the Department of Economic Opportunity administered
Rebuild Florida Program to repair, rebuild, or elevate their homes by adding the same relief for
households that sell their property to Monroe County as part of the Community Development Block
Grant- Disaster Recovery (CDBG-DR) Monroe County Voluntary Home Buyout Program.
ITEM BACKGROUND:
Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017,
causing substantial damage and loss of 4000 residential structures. Congress appropriated $616
Million for the State of Florida in the aftermath of Hurricane Irma to be administered by the US
Department of Housing and Urban Development. The Department of Economic Opportunity (DEO)
developed a Community Development Block Grant- Disaster Recovery (CDBG-DR) Action Plan
that detailed how the State will administer the funds statewide.
To alleviate the workforce housing crises, the DEO administered CDBG-DR Rebuild Florida
Program provides funding to assist low- and moderate-income Hurricane Irma victims to repair,
rebuild and elevate damaged,primary homes. The State Action Plan also provided $20 Million for
Monroe County to implement a Voluntary Home Buyout Program (VHBP), with a $5 Million
maximum award for each applying jurisdiction. Ultimately, and in order to direct these funds to
where they were most needed, Marathon was awarded $5 Million and unincorporated Monroe
County was awarded the remaining $15 Million for VHBP. The purpose of VHBP is to acquire
properties that are in high-risk areas to help reduce the impact of future disasters. These funds will
support property acquisition, structure demolition and conversion of the land to open space or storm
water improvements that alleviate flooding. The property must be deed-restricted in perpetuity to
open space uses or to restore and/or conserve the floodplain functions. The aggregate use of CDBG-
DR VHBP funds shall principally benefit low- and moderate-income persons in a manner that
ensures at least 70 percent of the grant amount awarded under this agreement is expended for
activities that benefit such persons.
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D.3
The County has brought forward unsafe structure code compliance cases related to Hurricane Irma
for severely damaged structures that endanger public health and safety. In all code enforcement
cases, the County has treated Rebuild Florida grant applicants and VHBP applicants the same as all
other property owners. Waiving County code compliance fines and liens on properties that are the
most affected in the community allows for those residents to potentially realize a benefit from the
CDBG-DR programs created to provide relief to those impacted by the storm.
All grant applicants must meet strict federal eligibility standards demonstrating need for financial
assistance. Waiving these fines would prevent imposing financial hardship upon the most at-risk
property owners. This resolution provides approval for the Code Compliance Director to waive any
fines, fees or costs due to the County, for recipients of CDBG-DR funding, whose code cases were a
direct result of damages due to the impacts of Hurricane Irma.
On March 21, 2019, Monroe County adopted Resolution 090-2019 to provide relief from fines, liens
and costs for those individuals awarded Rebuild Florida CDBG-DR grant funds. This Resolution
will update and replace Resolution 090-2019 to provide the same relief to those individuals awarded
CDBG-DR grant funds under the VHBP. The updated Resolution is attached.
PREVIOUS RELEVANT BOCC ACTION:
On July 22, 2019, the BOCC approved the CDBG-DR VHBP grant application to DEO (Agenda
Item B.1).
On May 20, 2020, the BOCC approved Resolution 1 SO-2020 allowing the county to execute the
CDBG-DR VHBP subrecipient agreement(grant agreement)with DEO (Agenda Item D.2).
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: APPROVE
DOCUMENTATION:
Resolution 090-2019
Resolution for Updating Rebuild Florida relief from fines-liens to include VHBP 2-19-21 v2
FINANCIAL IMPACT:
Effective Date: Effective upon adoption
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: None
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D.3
Current Year Portion: NA
Budgeted: NA
Source of Funds: CDBG-DR grant funds
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: NA If yes, amount:
Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant
County Match: $0
Insurance Required: NA
Additional Details: NA
REVIEWED BY:
Emily Schemper Completed 02/26/2021 4:46 PM
Cynthia McPherson Completed 02/26/2021 4:55 PM
Christine Limbert Completed 03/01/2021 11:24 AM
Assistant County Administrator Christine Hurley Completed
03/01/2021 3:12 PM
Purchasing Completed 03/01/2021 3:58 PM
Budget and Finance Completed 03/01/2021 3:59 PM
Maria Slavik Completed 03/01/2021 4:01 PM
Liz Yongue Completed 03/02/2021 10:35 AM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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D.3.a
RESOLUTION NO. 090-2019
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIOINERS OF
MONROE COUNTY, FLORIDA, PROVIDING RELIEF FROM FINES, LIENS
AND COSTS FOR THOSE INDIVIDUALS AWARDED COMMUNITY
DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY CDBG-DR
ASSISTANCE THROUGH THE DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO) REBUILD FLORIDA PROGRAM TO REPAIR,
REBUILD, AND ELEVATE THEIR HOMES DAMAGED BY HURRICANE
IRMA
0
WHEREAS,Hurricane Irma impacted the Florida Keys in September 10,2017 destroying or majorly
damaging over 4000 residential structures in Monroe County severely augmenting the workforce housing _
crises; and
WHEREAS,the cost of repairing or rebuilding workforce housing damaged or destroyed by Hurricane
Irma is prohibitive to many low income residents; and
WHEREAS, 50 Million dollars has been allocated from the Community Development Block Grant
—Disaster Recovery (CDBG-DR)funds to assist homeowners with low to moderate incomes and property
owners who have rental property that is rented to families with low to moderate incomes, Hurricane Irma
victims to repair,rebuild and elevate damaged primary homes through the Rebuild Florida Program; and
WHEREAS the County has brought forward unsafe structure or work without permit code compliance
cases related to Hurricane Irma for severely damaged structures that endanger public health and safety or
those properties that did work without permits; and —
WHEREAS, the County has treated, from an enforcement perspective, grant applicants the same as
all other property owners; and
WHEREAS, imposing County code compliance fines, liens, and costs could affect an applicant's
eligibility for the Rebuild Florida program; and
WHEREAS,all grant applicants must meet the strict federal eligibility standards demonstrating severe
need for financial assistance; and
WHEREAS, the Board of County Commissioners does not seek to impose financial hardship upon
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the property owners most financially at risk; and
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WHEREAS, the Board of County Commissioners recognizes the Rebuild Florida funding will build
back a more resilient housing stock so in the future, storms may not cause as severe damage; and
WHEREAS,the Board of County Commissioners has the ability to waive any fines,fees or costs that m
may either currently or in the future be due to the County.
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D.3.a
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA:
Section 1. Monroe County shall not impose Hurricane Irma related fines, liens, and costs or proceed with
.2
code compliance actions against those property owners who are officially approved to receive funding from
the Rebuild Florida program for damages, which occurred directly as a result of Hurricane Irma.
Section 2. Those liens imposed by the County on structures damaged by Hurricane Irma after September
10, 2017 shall be released upon approval for Rebuild Florida program assistance.
Section 3.Property owners who are officially approved for the grant and have incurred fines, and costs for
not yet remedying their damaged structures; and have not yet had a lien imposed, shall have their fines and c
costs waived. The fines and costs shall be waived subsequent to receiving the grant. The Director of Code
Compliance shall have authority to waive or stay fines, liens and/or costs as described in Section 1.; 2.; or
3.
Section 4. Any liens recorded, or fines and costs accrued or collected prior to September 10, 2017 are not
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retroactively waived.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 2151 day of March ,2019.
Mayor Sylvia J. Murphy,District 5 Yes " zs
C)i"n Mayor Pro Tem Danny L. Kolhage, District 1 Yes ram+ - .
Michelle Coldiron. District 2 Yes c:
HeatM?-'Carruthers,District 3 Yes y
David Rice,bstrict 4 Yes n
(SEAL) BOARD OF COUNTY COMMISSIONERS
� , Attest:'KEVINMADOK, CLERK OF MONRO OUN Y, FLORIDA �+
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BY\ BY:
Deputy Clerk Mayor/Chairman c
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MONROE COUNTY ATTORNEY
P OVEDASTO ORM:
CHRISTINE LMERT-BARROWS
ASSISTANT CO Y A ORNEY
DATE;, i
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D.3.b
1 RESOLUTION NO. -2021 v,
2 >
3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
4 MONROE COUNTY, FLORIDA, PROVIDING RELIEF FROM FINES, LIENS
5 AND COSTS FOR THOSE INDIVIDUALS AWARDED COMMUNITY
6 DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY CDBGDR
7 ASSISTANCE THROUGH THE DEPARTMENT OF ECONOMIC
8 OPPORTUNITY (DEO) REBUILD FLORIDA PROGRAM TO REPAIR,
9 REBUILD, AND ELEVATE THEIR HOMES DAMAGED BY HURRICANE
10 IRMA, AND FOR THOSE INDIVIDUALS AWARDED COMMUNITY
11 DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY ASSISTANCE
12 THROUGH THE MONROE COUNTY VOLUNTARY HOME BUYOUT
13 PROGRAM.
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15
16 WHEREAS, Hurricane Irma impacted the Florida Keys in September 10, 2017 destroying or majorly a)
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17 damaging over 4000 residential structures in Monroe County severely augmenting the workforce housing CL
18 crises; and >
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19 WHEREAS,the cost of repairing or rebuilding workforce housing damaged or destroyed by Hurricane
20 Irma is prohibitive to many low and moderate income residents; and
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21 WHEREAS, 50 Million dollars has been allocated from the Community Development Block Grant v,
22 —Disaster Recovery(CDBG-DR) funds to assist homeowners with low to moderate incomes and property
23 owners who have rental property that is rented to families with low to moderate incomes, Hurricane Irma
24 victims to repair,rebuild and elevate damaged primary homes through the Rebuild Florida Program; and 0
0
25 WHEREAS, 15 Million dollars has been allocated to Monroe County for the implementation of
26 the Voluntary Home Buyout Program(VHBP) for the unincorporated portions of the county: and '
27 WHEREAS the County has brought forward unsafe structure or work without permit code compliance
0
28 cases related to Hurricane Irma for severely damaged structures that endanger public health and safety or U-
29 those properties that did work without permits; and
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30 WHEREAS, the County has treated, from an enforcement perspective, grant applicants the same as
31 all other property owners; and
32
WHEREAS, imposing Ceffa�y eede eemplia+iee fines, liens, and eests eEmld affeet a+1 applie-
33 eligibility z�Reb�tild Flei4da pfegmm;-a4id �o
34 WHEREAS,all grant applicants must meet the strict federal eligibility standards demonstrating severe 0
35 need for financial assistance; and 0
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36 WHEREAS, the Board of County Commissioners does not seek to impose financial hardship upon
37 the property owners most at risk; and ai
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D.3.b
I WHEREAS,the Board of County Commissioners recognizes the Rebuild Florida and Voluntary Home
2 Buyout Program funding will build back a more resilient housing stock so in the future, storms may not
3 cause as severe damage; and
4 WHEREAS, the Board of County Commissioners has the ability to waive any fines, fees or costs that C
5 may either currently or in the future be due to the County.
0
6
7 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
8 FLORIDA:
9 Section 1. Monroe County shall not impose Hurricane Irma related fines, liens, and costs or proceed with �--
N
10 code compliance actions against those property owners who are officially approved to receive funding from >
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11 the Rebuild Florida Program or the Monroe County Voluntary Home Buyout Program for damages,which
12 occurred directly as a result of Hurricane Irma.
a-
13
14 Section 2. Those liens imposed by the County on structures damaged by Hurricane Irma after September
15 10, 2017 shall be released upon approval for Rebuild Florida Program or the Monroe County Voluntary_
16 Home Buyout Program assistance.
- - y
17
18 Section 3. Property owners who are officially approved for to grant funds and have incurred fines, and
19 costs for not yet remedying their damaged structures; and have not yet had a lien imposed, shall have their
20 fines and costs waived. The fines and costs shall be waived subsequent to receiving the grant. The Director
21 of Code Compliance shall have authority to waive or stay fines, liens and/or costs as described in Section
22 L; 2.; or 3.
23
24 Section 4. Any liens recorded, or fines and costs accrued or collected prior to September 10, 2017 are not 2
25 retroactively waived.
26
27 Section 5. This resolution will be effective on March 17, 2021 and updates and replaces Resolution 090-
28 2019.
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29
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30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
31 at a regular meeting of said Board held on the 17'day of March,2021.
32
33
34 Mayor Michelle Coldiron,District 2
35 Mayor Pro Tem David Rice, District 4
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D.3.b
I Commissioner Craig Cates, District I
2 Commissioner Eddie Martinez, District 3
3 Commissioner Mike Forester, District 5
4
5
6 0
7 (SEAL) BOARD OF COUNTY COMMISSIONERS
8 Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
9
10
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11 BY: BY:
12 As Deputy Clerk Mayor/Chairman
13
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