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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 18. 2008 Division: Growth Marnuzement Bulk Item: Yes ----X- No Department: Staff Contact: Andrew Trivette AGENDA ITEM WORDING: Pursuant to previous Board direction, approval is requested of a resolution by the Board of County Conunissioners transferring $116,593.00 from the Employee Fair Share Housing Fund No. 136 to the Building Department Fund No. 180. ITEM BACKGROUND: The Board established an employee housing fair share impact fee on new non-residential floor area. These monies are to be used to offset the cost of required permitting and connection fees related to the development of new employee housing. There is an unencumbered balance of $116,593.00 in the Employee Fair Share Housing Fund and building permit fees have not been collected and will not be collected for several affordable housing projects which will be occupied by the County's workforce. Within the last two years $302,678.66 has been waived in building and permit applications for Park Village, Islander Village and Flagler Village. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution 156-2007 Re: Waiver of building permit and application fees for affordable housing developments. CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ---X- OMBlPurchasing _Risk Management_ DOCUMENTATION: Included X Not Required_ DISPosmON: AGENDA ITEM # Revised 11/06 April 29, 2008 RESOLUTION NO. -2008 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TRANSFERRING FUNDS FROM THE EMPLOYEE FAIR SHARE HOUSING FUND NO. 136 TO THE BUILDING DEPARTMENT FUND NO. 180 AND AUTHORIZING FURTHER TRANSFERS BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS WHEREAS, Monroe County Board of County Commissioners (Board) established an employee housing fair share impact fee on new non.residential floor area to be used as established in Monroe County Code Sec 9.5-124.9(d) to be spent according to procedures recommended by the Planning Commission and approved by the Board; and WHEREAS, these funds have been deposited in the affordable and employee housing fair share impact fee trust fund (Trust Fund) established by MCC Sec. 9.5-496; and WHEREAS, the Trust Fund is to be used to offset the cost of required permitting and connection fees related to the development of new employee housing, in accordance with a schedule and procedures recommended by the Planning Commission and approved by the Board of County Commissioners; and WHEREAS, there is an unencumbered balance of $116,593.00 in the Trust Fund; and WHEREAS, building permit fees have not been collected and will not be collected for several affordable housing projects occupied by the County's workforce, either because of an exemption from the Board pursuant to Sec. 6- 27(d)(2) for projects that are receiving financial assistance from Monroe County or because of a waiver under Sec. 6-27(e) for non-profit organizations and lessees of county owned property; and WHEREAS, the policy to waive building and permit application fees was formalized in Resolution 156-2007; and WHEREAS, the sum of $302,678.66 has been waived within the last two (2) years for building and permit application fees for employee housing for Park Village, Islander Village and Flagler Village alone, which developments are new and intended for use as employee and workforce housing; and WHEREAS, it was the intent ofthe Board in passing Ordinance 9.5-124.9, and is still the intent of the Board, to use the Trust Fund to assist in reimbursing the Page 1 of2 April 29, 2008 costs of the Building Department by offsetting the cost of required pennitting which funds the processing of applications and performing inspections for affordable and employee housing; and WHEREAS, transferring these impact fees from the Trust Fund into the Growth Management Fund No. 180 places the fees into the fund that receives all building pennit fees as directed by Florida Statute; and WHEREAS, the Planning Commission reviewed this Resolution at its meeting of May 6, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 1. There shall be a transfer of funds from the Employee Fair Share Housing Trust Fund No. 136 to the Building Department Fund No. 180 in the amount of $116,593.00. 2. As funds are received by the Trust Fund, they shall be transferred annually by Resolution of the Board of County Commissioners into the Building Department Fund 180, as long as the total amount of fees not collected for all years because of waivers or exemptions for new housing projects used for employee affordable housing by the Monroe County workforce exceeds the amount reimbursed from the Trust Fund. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of June, 2008. Mayor Mario DiGennaro Mayor Pro Tem Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Mario DiGennaro (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Page 2 of2 RESOLUTION NO. 156-2007 A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE WAIVER OF BUILDING PERMIT AND APPLICA nON FEES FOR THE AFFORDABLE DOUSING DEVEWPMENTS, PURSUANT TO MONROE COUNTY CODE, SEC. 6-27(d)(2) AND SEC. 6-27(e). WHEREAS, tbe State of Florida and all local governments in the Florida Keys (each subject to Area of Critical State Concern mandates relating to housing atfordability) recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive; and WHEREAS, the Board of County Commissioners is committed to addressing critical housing affordability issues facing tbe Florida Keys; and WHEREAS, the Board of County Commissioners makes the following findings of fact: 1. The State of Florida and all local governments in the Florida Keys recognize the need for affordable housing throughout the state and particularly in the Florida Keys where developable land for housing is extremely limited and expensive. 2. To encourage the creation of affordable housing the Board of County Commissioners must take innovative actions, such as the waiver or elimination of building. permitting and other fees. 3. Monroe County Code Sec. 6-27 (d) (2) provides for full exemption from county building and permit application fees for the construction of affordable housing projects that are "receiving financial assistance from Monroe County." 4. Monroe County Code Sec. 6-27 (e) provides that not-for-profit organizations and ". .. lessees of county-owned property for construction on said property ... may apply to the Board of County Commissioners for fee waivers from the permit and application fees". 5. A generic waiver for all projects for which waiver would be allowable under the County Code would provide incentives, or at least diminish the disincentives, for the creation of affordable housing, to include such measures as waiver of building, permitting and other fees, developers have been hesitant to create additional affordable housing in the Florida Keys; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I. It is the intention of the Board of County Commissioners to always waive the building permit and application fees charged by Monroe County for construction or redevelopment of affordable housing projects for any applicant that is a not-far-profit organization. with SOI(c) (3) status, or who is the lessee of county-owned property and/or who receives financial assistance from Monroe County for the purpose of constructing or redeveloping affordable housing projects. Section 2. The permit application fees for all affordable housing projects which meet the conditions in section I, above. and which have been initiated but have not received their certificates of occupancy are hereby waived effective the date of execution of this Resolution. Section 3. Growth Management Division staff is directed to prepare an amendment to Monroe County Code Sec. 6-27(d)(2) and Sec. 6.27(e) to routinely implement the above intention of the Board. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida at a regular meeting of said Board held on the Apri.l . 2007. Mayor DiGennaro Yes Mayor Pro Tern Spehar Yes Commissioner McCoy Yes Commissioner Neugent 50 Commissioner Murphy No 18th day ~ c ~ :=>- :::0 ~ o(")z ....r-__ . . ':;:s;: . ("') . r g;;, ~.: .-_....- ...... ....:c-:: r" :<~:::. "'T\ -" r- "', :r:> rr1 ot., c= c=o .... > -0 ::::0 N U1 -0 3 iSi U1 0'\ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~1}~ Mayor/Chairman 2 "";1 .- , rr1 o -11 o :;:;J :0 r11 (") o ~ o