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Item C38BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2013 Division: Public Works/Eng_ineering / Housing Authority Bulk Item: Yes x No _ Department: Project Management Staff Contact Person/Phone#: Kevin Wilson, Extension 453-8797 / John O'Brien AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida adopting a revised Community Development Block Grant (CDBG) Housing Assistance Plan (HAP). ITEM BACKGROUND: Resolution 182-2010 was submitted and approved by the BOCC in order to adopt a revised CDBG Housing Assistance Plan to incorporate Green Rehabilitations Standards. Resolution 376-2012 was submitted and approved by the BOCC in order to transfer eligible activities between different grant awards. This was possible due to less than anticipated demand for sewer connection funding which permitted a corresponding increase in American with Disabilities Act (ADA) improvement funding. This resolution rescinds Resolution 182-2010 because it included multi -family properties which are not allowable under the Small Cities Housing Assistance Plan PREVIOUS RELEVANT BOCC ACTION: BOCC Resolution 182-2010 BOCC Resolution 376-2012 — Resolution only. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH Year APPROVED BY: County Atty '`� OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION NO , 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A REVISED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ASSISTANCE PLAN WHEREAS Monroe County received a $750,000 Housing Grant on June 6, 2011 from the Florida Department of Economic Opportunity (then Florida Department of Community Affairs) including sewer connection costs for income eligible households and housing rehabilitation; and WHEREAS the Board of County Commissioners of Monroe County Florida previously adopted a Housing Assistance Plan in 2002 as required by the Small Cities CDBG Program; and WHEREAS the Board of County Commissioners of Monroe County Florida previously adopted a revised Housing Assistance Plan on the recommendation of the County's CDBG Citizens Advisory Task Force in 2010 to include green initiatives and gain additional points on the CDBG application; and WHEREAS the State of Florida Department of Economic Development has advised Monroe County Housing Authority Staff that complete implementation of Resolution 216-2011 cannot take place until the Monroe County Community Development Block Grant — Housing Category, Housing Assistance Plan, is amended; and WHEREAS the CDBG Citizen's Advisory Task Force met on May 16, 2013 and recommended revisions to the Monroe County Community Development Block Grant — Housing Category Housing Assistance Plan approved on June 16, 2010 as contained in Resolution #182- 2010 as follows: To add Multi -Family to "Properties to be addressed shall meet the following criteria" in Number 2, and; To strike the words "not" and "in" in Number 6 to read "The County will address the rehabilitation of rental units under this process". NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that the County hereby: 1. Adopts the Monroe County Community Development Block Grant Housing Category Housing Assistance Plan attached hereto as Attachment A — Revised 2013, and, 2. Replaces any and all CDBG Housing Assistance Plans previously adopted, and, 3. Repeals Resolution 182-2010 adopted on June 6, 2010, and, 4. Makes this Resolution effective immediately upon its passage. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 19TH day of June, 2013. Mayor George Neugent Commissioner Danny Kolhage Mayor Pro Tem Heather Carruthers Commissioner David Rice Commissioner Sylvia Murphy SEAL ATTEST: AMY HEAVILIN, CLERK : Deputy Clerk Approved as to legal sufficiency: Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA George Neugent, Mayor ATTACHMENT A — Revised 2013 MONROE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT -HOUSING CATEGORY HOUSING ASSISTANCE PLAN All funds awarded will be a grant to the beneficiary household and housing unit. 2. The process for selecting, accepting, reviewing and approving requests for assistance will be by advertisement in local newspapers of general circulation on at least four occasions. Will provide a minimum sixty (60) day application period. Additional outreach activities shall include: press release, announcement at public meetings and notification to the following: non-profit organizations, social service providers, local churches, daycare providers and organizations serving the elderly. Any subsequent application periods necessary shall meet the criteria outline above. Properties to be addressed shall meet all of the following criteria: Single family • Owner occupied • Primary residence Multi -Family Units * Contain Housing code, Housing Violations or Sewer Connection Quality Standards or Health/Safety requirement Applications received within the application period(s) which meet the primary criteria above shall be prioritized based on the schedule outlined herein. Those household/projects receiving the greatest priority score shall be addressed until all available funding has been expended. Priorities Elderly (one owner >62 yrs.) 10 Disabled household member 10 Documented Housing Code Violation 10 Very low income 05 Children in household (>2) 05 Length of ownership 05 Single parent household 05 Note: In the event of tie scores, very low-income households will receive priority. 3. Conflicts of interest will be addressed pursuant to 24 C.F.R. Section 570-489 and Chapter 112.311--112.3143, F.S. timely by immediate identification of potential conflicts. Additionally, beneficiaries will be identified in minutes of the Board of County Commissioners and the CDBG Citizens Advisory Task Force meeting(s) so that any previously unknown conflicts may be surfaced. The conflicts will be acknowledged publicly along with the final selection of beneficiaries. It is the intent of the County Commission and the CDBG Citizens Advisory Task Force to deal with these conflicts if it occurs on a local level and request waiver for acknowledgement of the conflicts when appropriate. 4. The Monroe County Housing Authority will perform HUD Section 8 Housing Quality Standards (HQS) inspections on all properties to be rehabilitated to ensure compliance with the local safe housing code and safe, sanitary and decent housing to determine what rehabilitation work must be done on each eligible housing structure. All work required to meet HUD Housing quality Standards and local housing code will be completed for each unit addressed. 5. The maximum amount of CDBG funds that may be expended on any one housing unit is $20,000.00. This amount may only be exceeded by a recorded vote of the County Commission upon recommendation of the CDBG Citizen's Advisory Task Force. 6. The County will Pet address in the rehabilitation of rental units under this process. 7. The County may assist in the rehabilitation of mobile homes, modular homes, or other forms of manufactured housing subject to paragraph 8 below. 8. The County will not provide assistance to beneficiaries for those housing units that are unfeasible to repair under CDBG and Housing Assistance Plan guidelines. Additionally, the County will not provide assistance to properties where the post rehabilitation value, exclusive of land, is less that the cost of rehabilitation. It is noted that due to extremely high median housing values, this is an unlikely situation. 9. All program participants will be advised routinely via formal written notification of their status in the program and specifically when a previously selected housing unit is deleted from the rehabilitation program. 10. The County will not require homeowners of eligible units maintain homeowners, wind, flood or other property insurance as a condition of participation. 11. The County will require a final inspection by qualified entities for acceptance of the contractor's final work. All work is subject to the County's building permit and inspection process. 12. The County will ensure that ownership of non -rental units by the occupying beneficiary is confirmed, they have the right to encumber the property and provide permission to a contractor to undertake construction work on the unit. This will be accomplished through coordination with the Monroe County Tax Appraiser's Office. 13. The County, through the CDBG Program does not have any plans to declare a housing structure to be demolished or through its action, be converted to a non-LMI structure. 14. The County, through the Monroe County Housing Authority, will develop bid proposals to be bid upon by contractors and interface with beneficiaries to ensure the contractor performs to the contract terms. All construction contracts will be between the property owner and the contractor. The following -"Green" Rehabilitation Standards shall apply to all housing rehabilitation work: 1. Any appliances replaced or installed shall be Energy Star; 2. Any door and/or window replaced or installed shall be Energy Star. 3. Any lighting fixture replaced or installed shall be Energy Star. 4. Weatherization of all homes rehabilitated. At a minimum, weatherization shall include attic, and if appropriate, floor insulation as well as sealing all exterior walls. Other weatherization activities are at the local government's option. (New home construction is presumed to meet the minimum insulation and sealing requirements. 5. Any replaced or new for new home construction HVAC unit shall have a SEER rating of at least 14. 15. The County will review its local codes to determine that the property proposed for rehabilitation is in compliance with local codes prior to the initiation of any housing rehabilitation activities and issuance of a building permit. 16. The age of participating housing unit to be addressed will be verified by obtaining the Property Records Card of each unit in the Official Records of the Monroe County Tax Appraiser's Office. Coordination with the Bureau of Historic Preservation will take place as appropriate. 17. The Monroe county Housing Authority will test as required for lead based paint abatement when addressing pre-1978 homes following whatever program requirements exist. 18. Since virtually all housing structures to be addressed will be contained in the 100-year flood plan by virtue of the geographic configuration and location of the county, the County will follow and comply with all applicable Federal Emergency Management Agency (FEMA) requirements when addressing housing units. 19, The Monroe County Housing Authority, on behalf of Monroe County, will document completion of construction by ensuring that each housing unit case file shall contain the following information: a. A statement from the contractor that all items on the initial work write up as modified through change orders have been completed; b. An acknowledgement that the housing unit meets the applicable local codes and Section 8 Housing Quality Standard (HQS). C. A signed acknowledgement by the housing unit owner or his or her personal representative that the work has been completed based on the work write up and change orders. Should all requirements be fulfilled and the homeowner or their representative refuse to acknowledge completion of the work, the housing unit case file shall be documented with a statement detailing the stated reason for said refusal; d. The documentation shall be completed prior to the submission of the administrative closeout package and shall accompany the administrative closeout package when submitted to the Department of Community Affairs; and e. The following data will be provided by housing unit and summarized by activity as part of the administrative closeout for each activity providing direct benefit: ■ Address of each housing unit rehabilitated with CDBG funds, the date the construction was completed on the housing unit, and the amount of CDBG funds expended on that unit; ■ Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household, and the LMI or VLI status of the household; ■ The number of occupants of the household, categorized by sex; and + The racial demographics of the household by number (white, black Hispanic, Asian/Pacific Islander, or American Indian/Alaskan Native). 4 RESOLUTION NO. 182, 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING A REVISED COMMUNITY DEVELOPMENT BLOCK GRANT" HOUSING ASSISTANCE PLAN WHICH INCORPORATES GREEN REHABILITATION STANDARDS WHEREAS, Monroe County has recently completed the construction of centralized wastewater systems; and WHEREAS, the May 30, 2008 Needs Assessment prepared by the University of North Carolina — Chapel Hill Environmental Finance Center reported that 33% of households within the Florida Keys that will be required to connect to central sewer have household incomes less than $35,000; and WHEREAS, it is anticipated that the plumbing cost to connect to the centralized system may create an economic burden for these households; and WHEREAS, Monroe County has identified the Small Cities Community Development Block Grant (CDBG) Program as a means to provide relief to income qualified households; and WHEREAS, the Small Cities CDBG award is based on a competitive application process; and WHEREAS, additional points are awarded for inclusion of green initiatives in the Housing Assistance Plan; and WHEREAS, the Board of County Commissioners of Monroe County, Florida previously adopted a Housing Assistance Plan in 2002 as required by the Small Cities CDBG Program; and WHEREAS, it is the recommendation of the County's CDBG Citizens Advisory Task Force to adopt the attached Housing Assistance Plan which has been revised to include green initiatives; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners. of Monroe County, Florida, that the County hereby: 1. Adopts the Monroe County Community Development Block Grant -Housing Category Housing Assistance Plan attached hereto as "Attachment A"; and 2. Replaces any and all CDBG Housing Assistance Plans previously adopted; and 3. Repeals Resolution 220-2002 adopted on May 15, 2002; and 4. Makes this Resolution effective immediately upon its passage. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June, 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem. Heather Carruthers Yes Commissioner Mario DiGennaro Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COU FLORIDA By:s- 17 C• A��� By. Deputy Clerk Sylvia urphy, Mayor Approved as to legal sufficiency: County Attorney Date: N_ a s r N CD - C-7 CD C un 70 rA ATTACHMENT A MONROE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT -HOUSING CATEGORY HOUSING ASSISTANCE PLAN All funds awarded will be a grant to the beneficiary household and housing unit. 2. The process for selecting, accepting, reviewing and approving requests for assistance will be by advertisement in local newspapers of general circulation on at least four occasions. Will provide a minimum sixty (60) day application period. Additional outreach activities shall include: press release, announcement at public meetings and notification to the following: non-profit organizations, social service providers, local churches, daycare providers and organizations serving the elderly. Any subsequent application periods necessary shall meet the criteria outline above. Properties to be addressed shall meet all of the following criteria: • Single family • Owner occupied • Primary residence • Contain Housing code, Housing Quality Standards or Health/Safety Violations or Sewer Connection requirement Applications received within the application period(s) which meet the primary criteria above shall be prioritized based on the schedule outlined herein. Those household/projects receiving the greatest priority score shall be addressed until all available funding has been expended. Priorities Elderly (one owner >62 yrs.) 10 Disabled household member 10 Documented Housing Code Violation 10 Very low income 05 Children in household (>2) 05 Length of ownership 05 Single parent household 05 Note: In the event of tie scores, very low-income households will receive priority. 3. Conflicts of interest will be addressed pursuant to 24 C.F.R. Section 570-489 and Chapter 112.311-112.3143, F.S. timely by immediate identification of potential conflicts. Additionally: beneficiaries will be identified in minutes of the Board of County Commissioners and the CDBG Citizens Advisory Task Force meeting(s) so that any previously unknown conflicts may be surfaced. The conflicts will be acknowledged publicly along with the final selection of beneficiaries. It is the intent of the County Commission and the CDBG Citizens Advisory Task Force to deal with these conflicts if it occurs on a local level and request waiver for acknowledgement of the conflicts when appropriate. 4. The Monroe County Housing Authority will perform HUD Section 8 Housing Quality Standards (HQS) inspections on all properties to be rehabilitated to ensure compliance with the local safe housing code and safe, sanitary and decent housing to determine what rehabilitation work must be done on each eligible housing structure. All work required to meet HUD Housing quality Standards and local housing code will be completed for each unit addressed. 5. The maximum amount of CDBG funds that may be expended on any one housing unit is $20,000.00. This amount may only be exceeded by a recorded vote of the County Commission upon recommendation of the CDBG Citizen's Advisory Task Force. 6. The County will not address in the rehabilitation of rental units under this process. 7. The County may assist in the rehabilitation of mobile homes, modular homes, or other forms of manufactured housing subject to paragraph 8 below. 8. The County will not provide assistance to beneficiaries for those housing units that are unfeasible to repair under CDBG and Housing Assistance Plan guidelines. Additionally, the County will not provide assistance to properties where the post rehabilitation value, exclusive of land, is less that the cost of rehabilitation. It is noted that due to extremely high median housing values, this is an unlikely situation. 9. All program participants will be advised routinely via formal written notification of their status in the program and specifically when a previously selected housing unit is deleted from the rehabilitation program. 10. The County will not require homeowners of eligible units maintain homeowners, wind, flood or other property insurance as a condition of participation. 11. The County will require a final inspection by qualified entities for acceptance of the contractor's final work. All work is subject to the County's building permit and inspection process. 12. The County will ensure that ownership of non -rental units by the occupying beneficiary is confirmed, they have the right to encumber the property and provide permission to a contractor to undertake construction work on the unit. This will be accomplished through coordination with the Monroe County Tax Appraiser's Office. 13. The County, through the CDBG Program does not have any plans to declare a housing structure to be demolished or through its action, be converted to a non-LMI structure. 14. The County, through the Monroe County Housing Authority, will develop bid proposals to be bid upon by contractors and interface with beneficiaries to ensure the contractor performs to the contract terms. All construction contracts will be between the property owner and the contractor. The following "Green" Rehabilitation Standards shall apply to all housing rehabilitation work: i. Any appliances replaced or installed shall be Energy Star; 2. Any door and/or window replaced or installed shall be Energy Star. 3. Any lighting fixture replaced or installed shall be Energy Star. 4. Weatherization of all homes rehabilitated. At a minimum, weatherization shall include attic, and if appropriate, floor insulation as well as sealing all exterior walls. Other weatherization activities are at the local government's option. (New home construction is presumed to meet the minimum insulation and sealing requirements. 5. Any replaced or new (for new home construction) FIVAC unit shall have a SEER rating of at least 14. 15. The County will review its local codes to determine that the property proposed for rehabilitation is in compliance with local codes prior to the initiation of any housing rehabilitation activities and issuance of a building permit. 16. The age of participating housing unit to be addressed will be verified by obtaining the Property Records Card of each unit in the Official Records of the Monroe County Tax Appraiser's Office. Coordination with the Bureau of Historic Preservation will take place as appropriate. 17. The Monroe county Housing Authority will test as required for lead based paint abatement when addressing pre-1978 homes following whatever program requirements exist. 18. Since virtually all housing structures to be addressed will be contained in the 100-year flood plan by virtue of the geographic configuration and location of the county, the County will follow and comply with all applicable Federal RESOLUTION NO. 220 -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A COMMIUNITY DEVELOPI4'IENT BLOCK GRANT, HOUSING ASSISTANCE PLAN WHEREAS, Monroe County has resolved to prepare and subaut a 2002 Small Cities Community Development Block Grant ("CDBG") — Housing Category application; providing benefits to the County's residents; improving County and private property infrastructure; particularly to the County's very low and low income residents, and WIIE REAS, it is the recommendation of the County's CDBG Citizens Advisory Task Force to adopt the Housing Assistance Plan attached hereto, and WHEREAS, the Village has determined a desire to provide CDBG funds for approved activities to assist qualified residents on a fair and equitable basis, and WTIEREAS, the Department of Community Affairs requires, as a condition of Community Development Block Grant (CDBG) funding, participating jurisdictions establish and adopt a CDBG Housing Assistance Plan to determine the minimum criteria, preferences and brier tie, for receiving such consideration, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that the County hereby: Monroe County's Community Development Block Grant, Housing Assistance Plan, attached hereto as "Attachment A" is hereby adopted effective this date. This Housing Assistance Plan replaces any and all CDBG Housing Assistance Plans previously adopted. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a re-ular meeting on said Board on the 1 S"' day of May A.D., 21002 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor McCoy ye Q Mayor Pro Tern Spehar yes By: Connn;`yi gent yes Coofinissi l4' s absent �'��TelSon �N�'SEAL `; � ` CANNY L :K 11)tiAGE, Clerk ATT.Egt.-r7 Approved as to form and legal sufficiency: Q Q Q rri Mayor aisles "Sonny„ McC�;-, ED a C-: C13 CD c-n 1J p C Ap VED AS T F R D EGAL SU 9C Y SU AN TTON` 2 DATE �' C 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. 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`h day of December, 2012. o Mayor George Nugent 1es, © o Mayor Pro Tem Heather Carruthers_- w Commissioner Danny Kolhage Yes -_ Commissioner David Rice Yes Commissioner Sylvia Murphy Yes i _ .. ~� LJJ _J CV MEAL. AMY EEAVILIN, Clerk. Ad Interim A.TTM-:;tee=iE BOARD OF COUNTY C©MMISSIt7NERS OF MONROE COUNTY, FLORIDA Deputy Clerk BY:Aawev—e- ,mayor George Nugent MONROE COUNTY ATTORNEY AdP P OVER AST FORM: ATILEENE W. CASSEL ASSISTANT COU_,�NT7Y ATTORNEY