Item L11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* ADD~ON*
Meeting Date: Wed., November 16, 2005
Division: BOCC
Bulk Item: Yes XX No
Department: Commissioner David Rice, District 4
StatT Contact Person: Tamara Lundstrom
AGENDA ITEM WORDING: Approval of Resolution authorizing the Mayor or County
Administrator to certify the Florida Keys Housing and Land Trust, Inc. as a Community
Housing Development Organization ("CHDOlf), making it eligible to receive certain federal and
state funding. This certification is required pursuant to Florida Housing Finance Corporation
RFP 2005-04, dated October 21, which sets aside $4M out ofthe $lOM RFP funds for qualifying
CHDO/CL Ts in the Florida Keys. RFP Response deadline is December 16,2005.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Y cs
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
1>cwid ff. ~
(David P. Rice, Commissioner)
DOCUMENT A TION:
Included
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/05
lU:SOLUTION NO. -2005
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
CERTlFYING THE FLORIDA KEYS COMMUNITY HOUSING AND LAND
TRUST, INC. AS A COM~MUNITY HOUSING DEVELOPMENT
ORGANIZA TION (CHDO)
WHEREAS, the Board of County Commissioners (the "Board") has recently
empanelIed an Affordable Housing Task Force made up of members from throughout the
Florida Keys to address critical housing affordability issues facing the Florida Keys; and
WHEREAS, the Board at its August 17, 2005 meeting authorized and directed
creation of a Community Land Tmst for the purposes of securing certain State funds for
use in addressing affordable housing needs; and
WHEREAS, the Florida Housing Finance Corporation issued RFP 2005-04 on
October 21, 2005, with a deadline response date of December 16,2005; and
WHEREAS, the RFP provides a $4 million dollar set-aside for Florida Keys
CL Ts who otherwise qualify for funds under the terms of the RFP; and
WHEREAS, whereas the Florida Keys Community Housing and Land Trust, Inc.
was created on June 2, 2004, has already qualified under Section 501(c)(3) of the Internal
Revenue Code as a tax-exempt organization, a prerequisite for RFP applicants; and
WHEREAS, counsel for the Monroe County Affordable Housing Task Force has
been tasked to conform the existing CLT to meet the needs of the County and the RFP
and the Board of the CL T has agreed to same; and
WHEREAS, certification that the CL T is qualified to be Community Housing
Development Organization eligible to receive certain federal funds and the funding
available under the RFP is required to meet the December 16 RFP deadline; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: It is resolved by the BOCC that this Commission hereby designates
the Florida Keys Community Housing and Land Trust, Inc., as a Community Housing
Development Organization, as that term is used in 24 CFR 92.2 and related regulations,
certifying the organization's commitment to and compliance with applicable regulations
regarding CHDO's and directing that any necessary instruments required for the RFP
submission be executed by the Mayor or the County Administrator in order that the RFP
Response deadline be met. Counsel for the Affordable Housing Task Force will
coordinate with the Office of County Attorney as required in this regard.
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 November,
2005.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor DIXIE M. SPEHAR
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
RESOLUTION NO. -2005
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
CERTIFYING THE FLORIDA KEYS COMMUNITY HOUSING AND LAND
TRUST, INe. AS A COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO)
WHEREAS, the Board of County Commissioners (the "Board") has recently
empanelled an Affordable Housing Task Force made up of members from throughout the
Florida Keys to address critical housing affordability issues facing the Florida Keys; and
WHEREAS, the Board at its August 17,2005 meeting authorized and directed
creation of a Community Land Trust for the purposes of securing certain State funds for
use in addressing affordable housing needs; and
WHEREAS, the Florida Housing Finance Corporation issued RFP 2005-04 on
October 21,2005, with a deadline response date of December 16, 2005; and
WHEREAS, the RFP provides a $4 million dollar set-aside for Florida Keys
CLTs who otherwise qualify for funds under the terms ofthe RFP; and
WHEREAS, whereas the Florida Keys Community Housing and Land Trust, Inc.
was created on June 2,2004, has already qualified under Section 501(c)(3) ofthe Internal
Revenue Code as a tax-exempt organization, a prerequisite for RFP applicants; and
WHEREAS, counsel for the Monroe County Affordable Housing Task Force has
been tasked to conform the existing CL T to meet the needs of the County and the RFP
and the Board of the CL T has. agreed to same; and
WHEREAS, certification that the CL T is qualified to be Community Housing
Development Organization eligible to receive certain federal funds and the funding
available under the RFP is required to meet the December 16 RFP deadline; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: It is resolved by the BOCC that this Commission hereby designates
the Florida Keys Community Housing and Land Trust, Inc., as a Community Housing
Development Organization, as that term is used in 24 CFR 92.2 and related regulations,
certifying the organization's commitment to and compliance with applicable regulations
regarding CHDO' s and directing that any necessary instruments required for the RFP
submission be executed by the Mayor or the County Administrator in order that the RFP
Response deadline be met. Counsel for the Affordable Housing Task Force will
coordinate with the Office of County Attorney as required in this regard.
l.11
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 November,
2005.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor DIXIE M. SPEHAR
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
Jerry Coleman, Esq.
John C. Rockwell, Esq. (FL only)
Email: i!<m9.Q.l!<m!IDp.l@~ll~!mJ:h.gl;lJ
if.Q~l\w~.ll~_~_q@Q.!<Ul',Q!!tb.:,n!<!
JERRY COLEMAN, P.L.
201 Front Street, Suite 203
Key West, Florida 33040
(Admitted Florida and New York)
Truman Annex
Building 21 Second Floor
Tel; 305-292-3095
Fax: 305-296-6200
MEMORANDUM
TO: Commissioner David Rice
FROM: Jerry Coleman, Counsel to County Affordable Housing Task Force
SUBJECT: RFP 2005-04
Florida Keys Community Housing and Land Trust, Inc. ("Applicant")
As you know, I have been charged with setting up a Community Land Trust (CLT) to
serve County purposes, including taking advantage of certain state funding. Suzanne Hutton of
the County Attorney's office has been working with me on this, and there are some challenges to
the nuances of our charge that I need and will not go into here, saving these for another day. As
we discussed today, a State RFP for CLT funding (the expectation of which was a major impetus
for the Commission's August 17 directions to create a land trust) came out on October 21,2005
(a copy is attached in PDF format). Of course, as we all know, the Keys were shut down that
Friday in anticipation of Wilma, and the storm then hit, unfortunately delaying our response.
Anyway, we are moving ahead with responding to the RFP, including making changes to an
existing CL T (Florida Keys Community Housing and Land Trust, Inc.) to fit the RFP
requirements. The RFP deadline is December 16 and we need the County to designate our land
trust (which was actually formed a year and a half ago in cooperation with Habitat for Humanity
of Key West & Lower Florida Keys for much the purposes we are now using it for) as a
Community Housing Development Organization ("CHDO").
To meet the RFP requirements the County as the "participating jurisdiction" must certifY
the CHDO with respect to the substantive requirements set out below. Because of the
Commission's meeting schedule, the RFP deadline and Wilma problems we needed this add-on
at this late hour, for which I apologize to the Commission, and to you. Even with the CHDO
certification, before responding to the RFP my office will coordinate with the County Attorney's
office to make sure we are comfortable with the rush product. The CL T will not respond to the
RFP over any objection from County staff, though I anticipate none. For your backgrounding,
the following highlights are the more substantive elements of what qualifies an organization to
be a CHDO. The complete statutory checklist for a CHDO is found in 24 CFR Part 92.2 which
includes matters such as financial accounting requirements (which CFR provisions I have
included as separate attachments in the email by which this memorandum is being transmitted-
and which CFR accounting provisions I have reviewed and with which see no big difficulties),
rules governing for-profit sponsored organizations, and CHDOs chartered by state or local
government:
. A CHDO must be a nonprofit organization, either 50 1 (c)(3), or (4). No part of its
earnings may inure to the benefit of any member, founder, contributor, or individual. The
CHDO may also be a subordinate organization of a central organization nonprofit under
section 905 of the Internal Revenue Code. If the CHDO is sponsored or created by a for-
profit entity, the for-profit entity may not appoint more than one-third of the membership
of the CHDO's governing body, and the board members appointed by the for-profit entity
may not, in turn, appoint the remaining two-thirds of the board members.
. It must have among its purposes the provision of decent housing that is affordable to low-
and moderate-income people. This statement of purpose may be evidenced in the
organization's charter, articles of incorporation, by-laws, or board resolutions.
. The organization must have a demonstrated capacity for carrying out activities assisted
with HOME funds. An organization may satisfy this requirement by having an
experienced staff or by contracting with an experienced consultant with a plan for that
consultant to train key staff members in the undertakings contemplated in the HOME
project.
. The organization must have a history of serving the community where housing to be
assisted with HOME funds will be used. This can be satisfied by a statement that
documents at least one year of experience in serving the community, or for a newly
created organization formed by local churches, service or community organizations, a
statement that documents that its parent organization has at least one year of experience
in serving the community. This service can be such things as developing new housing,
rehabilitating housing, managing housing, or delivering nonhousing services to the
community such as counseling, food services, or child care facilities.
. The organization must maintain at least one-third of its governing board's membership
for residents of low-income neighborhoods, Other low-income community residents, or
elected representatives of low-income neighborhood organizations. Under the HOME
program. for urban areas, the term "conununity" is defined as one or several
neighborhoods, a city, county, or metropolitan area. For rural areas, "community" is
defined as one or several neighborhoods, a town, Village, county, or multi-county area
(but not the whole state).
. The organization must provide a formal process for low-income program beneficiaries to
advise the organization in all of its decisions regarding the design, siting, development,
and management of all HOME assisted affordable housing projects. This provision for
accountability to the low- income community, entails, at a minimum, a written procedure
adopted by the board for obtaining input from the community regarding the delivery of
housing whenever HOME funds are used.
Attachments - CFR accounting provisions; RFP 2005-04