Item L6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19, 2009 Division: Monroe County Clerk
Bulk Item: Yes x No _ Department: Administration
Staff Contact Person/Phone: Pam Hancock/295-3130
AGENDA ITEM WORDING: Consideration to rescind Agenda Item K7 from the April 19, 2006
BOCC meeting; a Letter of Understanding with the Florida Department of Community Affairs
recognizing the number of affordable dwelling unit allocations available for use in Agreement with
developers.
ITEM BACKGROUND: This item was executed by the Clerk's Office on April 25, 2006. Growth
Management forwarded the document to DCA to sign on April 28, 2009 via certified mail. To date,
the Clerk's Office has not received a fully executed original back.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
COST TO COUNTY:
INDIRECT COST:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty _
DOCUMENTATION: Included
DISPOSITION:
Revised 1/09
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
AGENDA ITEM #
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: April 25, 2006
TO: Rhonda Norman, Acting Director
Growth Management Division
ATTN.• Mayra Tezanos
Executive Assistant
FROM: Pamela G. Hanc ck
Deputy Clerk
At the April 19, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution Letter of Understanding (LOU) between Monroe County and
the Florida Department of Community Affairs (DCA) recognizing the number of affordable
dwelling unit allocations available for use in Agreements with developers.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original"
and the "Monroe County Finance Department's Original" as soon as possible Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance w/o document
File,/
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KEY WESTLORIDA 33040
(305) 294-4"1
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, District 1
SENT VIA CERTIFIED MAIL RETURN RECEIPT
April 28, 2006
Ms. Rebecca Jetton
Department of Community Affairs
2555 Shuman Oak Boulevard
Tallahassee, Florida 32399
RE: Letter of Understanding recognizing the number of affordable dweliling unit
allocations
Dear Ms. Jetton:
Enclosed please find three (3) duplicate originals of the Letter of Understanding (LOU)
between the Department of Community Affairs and Monroe County recognizing the number of
affordable housing dwelling unit allocations available for use in agreements with developers.
I umuld appreciate your assistance in obtaining Secretary Cohen's signatures on these
documents and returning the tum copies marked "Monroe County Clerk's Office
Original" and "Monroe County Finance Department's Original' to my attention.
Thank you so much for your cooperation in getting this accomplished. If you have any
questions, please contact me at (305) 289-2517.
Sincerely,
Mayra Tezanos,rxet* a sistant
Growth Management Division
Enclosures
/ mt
cc: Ty Symroski, Director of Growth Management
Jerry Sanders, Assistant County Attorney
Aref Joulani, Director of Planning and Environmental ounces
Belle DeSantis, Deputy Clerk (w/o enclosures)
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KEY WESTLORIDA 33040
(305)294-4641
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502 U te&ad Street, `.Reax.
91*ot Ogice Sox 1026
MV `iDeet, 5B 33041-1026
(305) 292-347C
April 19, 2006
The Honorable Thaddeus L. Cohen, Secretary
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
McCoy,Mayor Charles 'Sonny" District
Mayor Pro Tem Murray E. Nelson, DistriA
IRV David P. Rice, District 4
v `'y •E
Re: Letter of Understanding ("LOU") between Monroe County, a
political subdivision of the State of Florida ("Monroe County")
and the Florida Department of Community Affairs the "Department')
Dear Secretary Cohen:
This LOU sets forth the parties' recognition of the affordable dwelling unit allocations that Monroe
County now has immediately available for assignment to or reservation for award with respect to the
construction or preservation of affordable housing in Monroe County. The parties recognize that Monroe
County has initiated drafting of new land development regulations ("LDR's") aimed at, among other things,
preserving the affordable housing stock existing in mobile home parks throughout the Florida Keys. These
initiatives include, but are not expected to be limited to certain potential exchange agreements with property
owners and holders of ROGO-exempt mobile home dwelling unit development rights whereby Monroe
County may award portions of its immediately available affordable dwelling unit allocations to certain
property owners who agree with Monroe County to satisfactory long-term commitments of existing sites to
affordable housing use. It is contemplated that such agreements will provide for, among other things,
ownership of underlying land by Monroe County or its designee, reconstruction or rehabilitation of affordable
units on site to current applicable building and safety code standards, imposition of long-term deed restrictions
relating to sale and resale prices for affordable ownership units and allowable rates for affordable rental units,
and rights of first refusal in favor of Monroe County or its designee with respect to future unit sales. As full
or partial compensation to property owners under such agreements, it is contemplated that participating
owners will be permitted to transfer from the acquisition sites a certain number of the existing market rate
ROGO-exempt dwelling unit rights for permitting of residential construction of those units on one or more
other sites within Monroe County, including sites in one or more municipalities of the County. An agreed
number of Monroe County's immediately available affordable dwelling unit allocations recognized under this
Secretary Thaddeus L. Cohen
Letter of Understanding
April 19, 2006
Page Two
LOU would be allocated to the sender acquisition site under such agreements. In other contemplated
agreements, owners of properties upon which there are now no ROGO-exempt dwelling units would receive
an agreed number of the allocations recognized under this LOU for construction of new affordable housing
units, subject to deed restrictions of essentially the same nature as described above.
As the Department must approve such agreements, either by joining as a party to those
agreements or by way of subsequent administrative review and approval of those agreements, the Department
and Monroe County deem it appropriate that they should, before proceeding further in furtherance of the
described housing initiatives, commemorate their mutual understanding as to the number of immediately
available affordable dwelling unit allocations that Monroe County may award as the date hereof, both with
respect to implementing such agreements and with respect to any other affordable unit permitting that may be
done pursuant to existing authority contained in Monroe County's Comprehensive Plan and LDRs.
Therefore, the parties recognize that as of the date hereof, based upon the Department's prior
release to Monroe County for immediate use of 165 affordable dwelling unit allocations, and also the 71
regularly available annual affordable allocations that became available in the current year ending June 30,
2006, which allocations have not yet been awarded by the County, and pursuant to the County's existing
authority to borrow forward at any given time up to five (5) years worth of its 71 regular annual affordable
dwelling unit allocations, the following number of affordable dwelling unit allocations are immediately
available for use by Monroe County in pursuing the contemplated agreements or for use as otherwise
provided under the County's LDRs:
Per prior Department agreement 165
Available from current year ending 6/30/06 71
Available by borrow forward five (5) years 355
Total Immediately Available for award 591
This LOU establishes no beneficial rights for third parties, including but not limited to any
property owners, any such rights only to be established by final agreements of the type described above where
such agreements are actually approved by Monroe County.
It is expressly recognized and understood that in 2006 Monroe County intends to bring forth
proposals of varying types designed to increase the permanent supply of affordable and employee housing in
the Florida Keys, The success of these proposals in ameliorating the housing crisis in the Florida Keys will
likely hinge upon agreement between the parties as to a significant number of additional affordable and/or
employee dwelling unit allocations (outside of the current processes, including borrow forward provisions) to
be made immediately available throughout the County on a regional, "ready -to -proceed" basis. This LOU
does not reflect the intention by the parties to foreclose or in any way inhibit the future allocation to Monroe
County and/or its municipalities of additional affordable dwelling unit allocations in response to the critical
affordable housing shortage affecting the Florida Keys, as both the Department and Monroe County recognize
Secretary Thaddeus L. Cohen
Letter of Understanding
April 19, 2006
Page Three
that Monroe County's current initiatives with respect to Comp Plan and LDR amendments may contemplate
additional allocations to address the ongoing housing crisis. While no such agreement with respect to possible
additional allocations has been reached, the Department and Monroe County recognize that the County hopes
to reach such an accord and that this LOU will not in any way be construed to prejudice or inhibit the
County's efforts in this regard, it being the Department's position that all such continuing initiatives by
Monroe County should be and are encouraged.
Wherefore, the parties hereto have commemorated their agreement with this LOU as of the date
first set forth above by the affixing of the signatures of their authorized representatives below.
Attest: Danny L. Kolhage, Clerk
�--- Clerk
April 19. 2006
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
;7
Mayor Ch les "Sonny" McCoy
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
Witness Thaddeus L. Cohen, Secretary
Date;
MONROE COUNTY ATTOR EY
e7�ED AS T
at 01 N E A. TTON
COUNT TTO N Y
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