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Ordinance 012-1993 ORDINANCE NO. 012 -1993 AN ORDINANCE DECLARING IT TO BE A POLICY OF MONROE COUNTY, FLORIDA, TO SUPPORT THE AVAILABILITY OF AFFORDABLE HOUSING; PROVIDING FOR THE ESTABLISHMENT OF A LOCAL STATE HOUSING INITIATIVES PARTNERSHIP, AS AUTHORIZED BY SECTIONS 420 . 9071 - 420 .9079 , FLORIDA STATUTES, AND CHAPTER 91-37 , FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR THE IMPLEMENTATION AND ADMINI- STRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND; CREATING AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE ; AND PROVIDING AN EFFECTIVE DATE. a *1 3 mac, -- Section 1. Purpose and Intent n CD c- - oN The County has a state approved Housing Element within its Comprehen rn - sive Plan, and additional County approved affordable housipg-policiLs for inclusion in the Comprehensive Plan amendment process,: whf4i addresses the need for a comprehensive and coordinated: affordable `D housing strategy and program. The purpose of this ordinance is to assist in meeting the following affordable housing goals: 1) Eliminate substandard housing conditions. 2) Conserve the existing housing stock. 3) Increase affordable home ownership opportunities. 4) Ensure the availability of adequate and affordable rental housing. 5) Assist special needs population with decent and affordable housing. The intent of this ordinance is to assist in: 1) The increase in availability of affordable housing units by recommending the. combination of local resources and cost saving measures into a Local Housing Partnership and using private and public funds to reduce the cost of housing through an Affordable Housing Inventive Plan. 1 2) The coordination of local housing programs such as community loan funds, inclusionary housing programs and linkage programs, with state programs such as, the Housing Predevelopment Trust Fund, Homeownership Assistance program (HAP), Single Family Mortgage Revenue Bond(MRB)Program, and State Apartment Incentive Loan Program(SAIL) and with federal programs such as, the Small Cities Community Development Block Grant(CDBG)Program, Home Investment Partnership program(HOME), Low Income Rental Housing Tax Credit (LIHTC)Program, Public Housing, and Section 8 Rental Assistance so as to maximize the production of eligible affordable housing through the Local Housing Assistance Program. Section 2. Creation of the Local Housing Assistance Trust Fund A. The Local Housing Assistance Trust Fund is hereby created. B. All monies received from the state pursuant to the State Housing Initiative Partnership Act and other funds received or budgeted by the County to provide for the Local Housing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 9I-37.008, Florida Administrative Code (FAC). C. Expenditures other than for the administration and implementation of the Local Housing Assistance Program shall not be made from the Local Housing Assistance Trust Fund. D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be invested in the State Board of Administration's local government surplus fund trust fund established pursuant to Chapter 218, Part IV, F.S. All investment earnings shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. E. Until utilized for the purposes thereof, monies in the Local Housing Assistance Trust Fund shall be held in trust by the County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. F. The County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in the County audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency as soon as such statements are available. 111111 Section 3. Establishment of the Local Housing Assistance Program. The Local Housing Assistance Program is hereby established for the following locally designed strategies that create or preserve affordable housing: A. Supplement and/or provide local match funds for state and federal housing grants/programs such as, but not limited to, (State Apartment Incentive Loan Program, State Homeownership Assistance Program, CDBG, HOME, and Rental Rehabilitation.) B. Fund homeownership rehabilitation, development and purchase programs. C. Fund rental housing rehabilitation, development and purchase programs. D. Fund emergency repairs under weatherization programs pursuant to s.409.509- 409.5093, Florida Statutes. E. Purchase and development of affordable housing in participation with Monroe County Land Authority, Resolution Trust Corporation and General Services Administration. 1. Within the county's 100%eligible SHIP funds a) seventy five percent(75%) of the county's SHIP funds must be used for construction, rehabilitation or emergency repairs. b) sixty five percent(65%) of the county's SHIP funds must be used for homeownership programs. c) all units constructed, rehabilitated, or otherwise assisted with SHIP Program funds must be occupied by persons that are very low-income, low-income or moderate-income inclusive of Persons with Special Housing Needs. d) at least thirty percent(30%) of the units constructed, rehabilitated, or otherwise assisted with SHIP Program funds must be occupied by very low-income persons with a minimum additional thirty percent(30%) of the units are low- income persons. 2. In order to qualify as a Recipient for assistance under the county's SHIP Program, all such persons shall be residents of the county, except where such requirement may otherwise be prohibited by state or federal programs when using county SHIP funds to supplement and/or provide local matching funds. 3. The specific designation of proposed units and funding allocations per the Local Housing Assistance Program shall be detailed in the Local Housing Assistance Plan. 3 11111 -I Section 4. Designation of Responsibility for Administration and Implementation of the Local Housing Assistance Program. A. The Monroe County Housing Authority under an intergovernmental cooperative agreement shall be responsible for the implementation and administration of the County's Local Housing Assistance Program. The total amount of State Housing Initiative Program(SHIP)funds distributed to assist in the implementation and administration of the Local Housing Assistance Program shall not exceed 5%of the local housing distributions F.S. (420.9073), unless otherwise modified by resolution F.S (420.9075 (5). B. The County shall not treat as administrative expenses any costs previously borne by another funding source which could continue to be available at the time the Local Housing Assistance Plan is submitted. C. In implementing the Local Housing Assistance Program, the County shall utilize the Local Housing Assistance Plan to ensure compliance with the criteria stated in 420.9075 3 (a)-(k), Florida Statutes. Section 5. Creation of the Affordable Housing Advisory Committee A. The Affordable Housing Advisory Committee is hereby created and established. The members of the Advisory Committee shall be appointed by resolution of the County Commission. B. The resolution appointing the Affordable Housing Advisory Committee shall define affordable housing as applicable to the County in a way that is consistent with the adopted local Comprehensive Plan. C. The Affordable Housing Advisory Committee shall consist of nine members. Five members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations if duly noticed. The Affordable Housing Advisory Committee shall include the following, which individuals may overlap with, or be part of, the Local Housing Partnership: 1. One citizen who is actively engaged in the residential building industry. 2. One citizen who is actively engaged in the banking or mortgage industry. 3. One citizen who is a representative of those areas of labor engaged in home building. 4. One citizen who is designated as an advocate for low income persons. 5. One citizen who is a provider of affordable housing. 6. One citizen who is a real estate professional. 7. Three citizens at large. D. Members shall serve for two year terms and may be reappointed for subsequent terms. E. Meetings shall be held quarterly, or more frequently, as required . a - 11111 F. The Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in Chapter 420.9076, F.S.. Minutes of the meeting shall be kept by the Monroe County Housing Authority. G. The Affordable Housing Advisory Committee shall annually elect a Chairperson, Vice-Chairperson, and such other officers as it deems necessary. The Chairperson is charged with the duty of conducting meetings in a manner consistent with law. H. Staff, administrative and facility support of the Affordable Housing Advisory • Committee shall be provided by the Board of County Commissioners. I. The Affordable Housing Advisory Committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local Comprehensive Plan of the County and shall recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. J. Recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or land provisions. At a minimum, the Affordable Housing Advisory Committee shall make recommendations on affordable housing incentives in the following areas: 1. The affordable housing definition in the appointing resolution. 2. The expedited processing of permits for affordable housing projects. 3. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment. • 4. The allowance of increased density levels. 5. The reservation of infrastructure capacity for housing for very low income persons and low income persons. 6. The transfer of development rights as a financing mechanism for housing for very low income persons and low income persons. 7. The reduction of parking and setback requirements. 8. The allowance of zero-lot-line configurations. 9. The modifications of sidewalk and street requirements. 10. The establishment of a process by which the County considers, before adoption, procedures and policies that have a significant impact on the cost of housing. K. The Affordable Housing Advisory Committee recommendations shall also include other affordable housing incentives identified by the Affordable Housing Advisory Committee. L. To the maximum extent feasible, the approved affordable housing incentive recommendations submitted to the County Commission must quantify the affordable housing cost reduction anticipated from implementing the specific recommendation. M. Within nine (9)months from the adoption of this Ordinance, the Affordable Housing Advisory Committee shall make recommendations approved by a majority of its membership at a public hearing. Notice of the time, date, and place of the public hearing of the Affordable Housing Advisory Committee to adopt final affordable housing incentive recommendations shall be published in a newspaper of general paid circulation in the County. Such notice shall contain a short and concise summary of the affordable housing incentive recommendations to be considered by the Affordable Housing Advisory Committee. The notice shall also state the public place where a copy of the tentative Affordable Housing Advisory Committee recommendation can be obtained by interested persons. Section 6. Local Housing Partnership The County, in conjunction with community-based organizations, for-profit housing developers, lending institutions, providers of affordable housing, and social service organizations working on behalf of persons with special housing needs shall assist in implementing the Local Housing Assistance Program. Such assistance shall include provision of support services for housing program beneficiaries such as training to prepare persons for the responsibility of home ownership, counseling of tenants, and the establishment of support services such as day care, health care, and transportation. Such implementation shall be consistent with this Ordinance, Sections 420.907-420.9079, F.S., and Chapter 9I-37, FAC Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Conflict. To the extent of any conflict between other County ordinances or regulations and this Ordinance, the more restrictive is deemed to be controlling. This Ordinance is not intended to amend or repeal any existing County ordinance or regulation. 6 'fir ' Section 9. Definitions. SHIP Program definisions shall be consistent with 420.9071, F.S. and 91.37.002, F.A.C. Section 10. Repeal. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 10. Effective Date. This Ordinance become effective thirty (30) days after its approval in accord- ance with Florida Statute 420.9072(2) (b) (3) . A copy shall also be filed in the Office of the Secretary of State, State of Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a public meeting of said Board held on the 24th day of March, A.D., 1993. Mayor London yes Mayor Pro Tem Cheal yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich des (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By G , By Deputy Clerk. or i EFFECTIVE DATE April 23, 1993 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By Date: / 1�3 7 6OUN1j, ro i k (PPP �' oft4,F' COUNTr•.y. flannp IC. 1&otfjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145 TEL. (305) 292-3550 April 20, 1993 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 012-1993, declaring it to be a policy of Monroe County, Florida, to support the availability of affordable housing; Providing for the establishment of a local State Housing Initiatives Partnership, as authorized by Sections 420. 9071 - 420.9079, Florida Statutes, and Chapter 9I-37, Florida Administrative Code, etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on March 24, 1993 . Please file for record. Very truly yours, C.. Danny L. Koihage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis I Deputy Clerk cc: -ounty Administrator County Attorney ' County Commission Finance File mil , 1 "e • P •3 4 3 6 4 I 725 • Receipt for (� Certified Mail l/�.I No Insurance Coverage Provided V UNITED STATES Do not use for International Mail POSTAL SERVICE V (See Reverse) Sent to MRS.LIZ CLOUD , CI ' Street and No. I _ DEPT. OF STATE iP10.,State.a nd ZIP,Code TALLAHASSEE,FL. 32301 ,P.ostage � $ ``� • i Certified Fee (C l Special Delivery Fee `J Restricted Delivery Fee Return Receipt Showing • to to Whom&Date Delivered N Return •- :',t SYWi : Whom, 7 Date .eldy.. -.. ,ed ss TO AL 15, taggin & ees R ' `/JJ CO r- '!rstm;rk�rt will1 1� E G993 Spo to EL F THE pa COD.E. FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 April 23, 1993 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of April 20 , 1993 and certified copy of Monroe County.- 9rda cenan N-o -9 ,�2-, which was filed in this office on April 23 , 1993 . Sin erely, Liz Cloud, Chief Bureau of Administrative Code LC/mb � » I.N1101 ]OHNON i:? \#1J �cer; L S: Z d OE ddb e6. 00; 0 -I 03-1I: M wish to the ai SENDER: I also following • alsoish to (for receivev extrah O • Complete items 1 and/or 2 for additional services. v in • Complete items 3,and 4a&b. m • Print your name and address on the reverse of this form so that we can 'ee): �i v, 1, ❑ Addressee's Address ((Ai a`r return this card you. > • Attach this form to the fr nt of the mailpiece,or on the back if space ` a E does not permit. m • Write"Return peipt quested"on the mailpiece below the article number. 2. ❑ Restricted Delivery ra r • The Return Receipt wil'show to whom the article was delivered and the date Consult postmaster for fee. c delivered. 4a. Article Number c 1:3 m 3. ArticleMRS. Addressed to:U 9 3 I 1 6 4 1 ` Eil d LIZ CLOUD `1�� ml c, BUREAU OF ADMIN.CODE AND LAWS 4b. Service Type ❑ Registered ❑ Insured c • E DEPARTMENT OF STATE ❑ COD • I 0 ❑ Certified ` ° THE CAPITOL y ❑ Express Mail ❑ Return Receipt for � • � TALLAHASSEE,FL. 32301 Merchandise o G 7. Date of Delivery o 0 Ia T+ CCC 5. Signature (Addressee) 8. Addressee's Address(Only if requested c` and fee is paid) m L W — �� / 3 Ix 6. Signature (Agent) i o �i yPS Form 3811, Decembes/991 * u.S.G.P.O.:1992-307-eso DOMESTIC RETURN RECEIPT 1 , 41 i - en, NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, March 24, 1993 , at 3 :00 p.m. at the Key Largo Library, Key Largo, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: cal -n r _ rn ORDINANCE NO. -1993 �; 7dc < rn is • r- N C) AN ORDINANCE DECLARING IT TO BE A POLICY O*---- (JROE COUNTY, FLORIDA, TO SUPPORT THE AVAILABILZ ° 0E m AFFORDABLE HOUSING; PROVIDING FOR THE ESTABLIS1 2 OF_ A LOCAL STATE HOUSING INITIATIVES PARTNERSgEP',n AS"DA o AUTHORIZED BY SECTIONS 420 .9071 - 420 .9079 , anoRI � , STATUTES, AND CHAPTER 91-37 , FLORIDA ADMINI$CRATIV° CODE; PROVIDING FOR THE IMPLEMENTATION AND ADMINI- STRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND; CREATING AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to_, Section 286. 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings , and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 3rd day of March, 1993 . DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) ORDINANCE NO. -1993 AN ORDINANCE DECLARING IT TO BE A POLICY OF MONROE COUNTY, FLORIDA, TO SUPPORT THE AVAILABILITY OF AFFORDABLE HOUSING; PROVIDING FOR THE ESTABLISHMENT OF A LOCAL STATE HOUSING INITIATIVES PARTNERSHIP, AS AUTHORIZED BY SECTIONS 420 .9071 - 420 .9079 , FLORIDA STATUTES, AND CHAPTER 91-37, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR THE IMPLEMENTATION AND ADMINI- STRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND; CREATING AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Section 1. Purpose and Intent The County has a state approved Housing Element within its Comprehen- sive Plan, and additional County approved affordable housing policies for inclusion in the Comprehensive Plan amendment process, which addresses the need for a comprehensive and coordinated affordable housing strategy and program. The purpose of this ordinance is to assist in meeting the following affordable housing goals: 1) Eliminate substandard housing conditions. 2) Conserve the existing housing stock. 3) Increase affordable home ownership opportunities. 4) Ensure the availability of adequate and affordable rental housing. 5) Assist special needs population with decent and affordable housing. The intent of this ordinance is to assist in: 1) The increase in availability of affordable housing units by recommending the combination of local resources and cost saving measures into a Local Housing Partnership and using private and public funds to reduce the cost of housing through an Affordable Housing Inventive Plan. 1 2) The coordination of local housing programs such as community loan funds, unclusionhry housing programs and linkage programs, with state programs such as, the Housing Prcdevelopment Trust Fund, Hotneownei�ship Assistance program (FLAP), Single Family Mortgage Revenue Bond (MRB)Program, and State Apartment Incentive Loan Program(SAIL) and with federal programs such as, the Small Cities Community Development Block Grant(CDBG)Program, Homo Investment Partnership program(HOME), Low Income Rental Housing Tax Credit (LIHTC)Program, Public Housing, and Section 8 Rental Assistance so as to maximize the production of eligible affordable housing through the Local Housing Assistance Program, §ectios 2. Creation of the Local Housing Assistance Trust Fund A. The Local Housing Assistance Trust Fund is hereby created. B. All monies received from the state pursuant to the State Housing Initiative Partnership Act and other funds received or budgeted by the County to provide for the Local Housing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 9I-37.008, Florida Administrative Code (FAC). C. Expenditures other than for the administration and implementation of the Local Housing Assistance Program shall not be made from the Local Housing Assistance Trust Fund. D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be invested in the State Board of Administration's local government surplus fund trust fund established pursuant to Chapter 218, Part Itir, F.S. All investment earnings shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. E. Until utilized for the purposes thereof, monies in the Local Housing Assistance Trust Fund shall be held in trust by the County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. F. The-County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in the County audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency as soon as such statements arc available. 2 _ScrJ.2p 3. Establishment of the Local Housing_Assistance Program. The Local Housing Assistance Program is hereby established for the following locally designed strategies that create or preserve affordable housing: A. Supplement and/or provide local match funds for state and federal housing grants/programs such as, but not limited to; (State Apartment Incentive Loan Program, State Homeownership Assistance Program, CDBG, HOME, and Rental Rehabilitation.) B. Fund homeownership rehabilitation, development and purchase programs. C. Fund rental housing rehabilitation, development and purchase programs. D. Fund emergency repairs under weatherization programs pursuant to s.409.509- 409.5093, Florida Statutes. E. Purchase and development of affordable housing in participation with Monroe County Land Authority, Resolution Trust Corporation.and General Services Administration. 1. Within the county's 100%eligible SHIP funds a) seventy five percent(75%) of the county's SHIP funds must be used for construction, rehabilitation or emergency repairs. b)sixty five percent(65%) of the county's SHIP funds must be used for homeownership programs. c)all units constructed, rehabilitated, or otherwise assisted with SHIP Program funds must be occupied by persons that are very low-income, low-income or moderate-income inclusive of Persons with Special Housing Needs. d) at least thirty percent(30%) of the units constructed, rehabilitated, or otherwise assisted with SHIP Program funds must be occupied by very low-income persons with a minimum additional thirty percent(30%)of the units are low- income persons. 2. In order to qualify as a Recipient for assistance under the county's SHIP Program, all such persons shall be residents of the county, except where such requirement may otherwise be prohibited by state or federal programs when using county SHIP funds to supplement and/or provide local matching funds. 3. The specific designation of proposed units and funding allocations per the Local Housing Assistance Program shall be detailed in the Local Housing Assistance Plan. 3 §ect1U 4. Designation of Responsibility for Administration and Implementation of the Local Housing Assistance Program. A.—The Monroe County Housing Authority under an intergovernmental cooperative agreement shall be responsible for the implementation and administration of the County's Local Housing Assistance Program. The total amount of State Housing Initiative Program(SHIP)funds distributed to assist in the implementation and administration of the Local Housing Assistance Program shall not exceed 5%of the local housing distributions F.S. (420.9073), unless otherwise modified by resolution F.S (420.9075 (5). B. The County shall not treat as administrative expenses any costs previously borne by another funding source which could continue to be available at the time the Local Housing Assistance Plan is submitted. C. In implementing the Local Housing Assistance Program, the County shall utilize the Local Housing Assistance Plan to ensure compliance with the criteria stated in 420.9075 3 (a)-(k), Florida Statutes. Section 5. Creation of the Affordable Housing Advisory Committee A. The Affordable Housing Advisory Committee is hereby created and established. The members of the Advisory Committee shall be appointed by resolution of the County Commission. B. The tesolution appointing the Affordable Housing Advisory Committee shall define affordable housing as applicable to the County in a way that is consistent with the adopted local Comprehensive Plan. C. The Affordable Housing Advisory Committee shall consist of nine members. Five members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations if duly noticed. The Affordable Housing Advisory Committee shall include the following, which individuals may overlap with, or be part of the Local Housing Partnership: 1, One citizen who is actively engaged in the residential building industry. 2. One citizen who is actively engaged in the banking or mortgage industry. 3. One citizen who is a representative of those areas of labor engaged in home building. 4. One citizen who is designated as an advocate for low income persons. 5. One citizen who is a provider of affordable housing. 6. One citizen who is a real estate professional. 7. Three citizens at large. D. Members shall serve for two year terms and may be reappointed for subsequent teams, E. Meetings shall be held quarterly, or more frequently, as required . 4 111111 F. The Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of - Affordable Hour Incentive-Plan-considerations_found in Chapter 420,9076, F.S.. Minutes of the meeting shall be kept by the Monroe County Housing Authority. G. The Affordable Housing Advisory Committee shall annually elect a Chairperson, Vice-Chairperson, and such other officers as it deems necessary. The Chairperson is charged with the duty of conducting meeting in a manner consistent with law. H. Staff, administrative and facility support of the Affordable Housing Advisory Conuuittee shall be provided by the Board of County Commissioners. I. The Affordable Housing Advisory Conunittee shall review the established policies and procedures, ordinances, land development regulations, and adopted local Comprehensive Plan of the County and shall recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. I. Recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or land provisions, At a minimum, the Affordable Housing Advisory Committee shall make reconunendations on affordable housing incentives in the following areas: 1. The affordable housing definition in the appointing resolution. 2, The expedited processing of pcnnits for affordable housing projects. • 3. The modification of impact fee requirein ts, including reduction or waiver of fees and alternative methods of fee payment. 4. The allowance of increased density levels. 5. The reservation of infrastructure capacity for housing for very low income persons and low income persona. 6. The transfer of development rights as a financing mechanism for housing for very low income persons and low income persons. 7. The reduction of parking and setback requirements. 8. The allowance of zero-lot-line configurations. 9, The modifications of sidewalk and street requirements. 10. The establishment of a process by which the County considers, before adoption, procedures and policies that have a significant impact on the cost of housing. K. The Affordable Housing Advisory Committee recommendations shall also include other affordable housing incentives identified by the Affordable Housing Advisory Committee. 5 L. To the maximum extent feasible, the approved affordable housing incentive recommendations submitted to the County Commission must quantify the affordable housing cost reduction anticipated from implementing the specific recommendation. M.'Within rune(9)months from the adoption of this Ordinance, the Affordable Housing Advisory Committee shall make recommendations approved by a majority of its membership at a public hearing. Notice of the lime, date, and place of the public hearing of the Affordable Housing Advisory Conunittee to adopt final affordable housing incentive recommendations shall be published in a newspaper of general paid circulation in the County. Such notice shall contain a short and concise summary of the affordable housing incentive recommendations to be considered by the Affordable Housing Advisory Committee. The notice shall also state the public place where a copy of the tentative Affordable Housing Advisory Committee recommendation can be obtained by interested persons. Seduce 66. Local Housing Partnership The County, in conjunction with community-based organizations, for-profit housing developers, lending institutions, providers of affordable housing, and social service organizations working on behalf of persons with special housing needs shall assist in implementing the Local Housing Assistance Program. Such assistance shall include • provision of support services for housing program beneficiaries such as training to prepare persons for the responsibility of home ownership, counseling of tenants, and the establishment of support services such as day care, health care, and transportation. Such implementation shall be consistent with this Ordinance, Sections 420.907-420.9079, F.S., and Chapter 9I-37, FAC S ,ctio!Y 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section8. Conflict. To the extent of any conflict between other County ordinances or regulations and this Ordinance, the more restrictive is deemed to be controlling. This Ordinance is not intended to amend or repeal any existing County ordinance or regulation. 6 L TsnogZu :al.aa LamoI33f1S marl uw RIM os sv a naUadV 3,Lva =gait • uama /aoKeg 114a10 Andaq 3g VUIEUld `1JN= 30KIm 3o NA3710 `HDVHrIO?I "IANNVG :,I.SS.I.LH SHENOISSE4400 AJNfO0 30 agog (Td3S) going aauozssTmno0 ua aaa3 aauoTsspuuo0 lanai aauoissTiuvo0 Tamp may oaa aol uopual aolax '£66I "U'V go lap alp uo ptaq paaog pins go Supaan ortgnd a za `appo13 `lluno0 aoauux go saauoTss mmoo Aq.uno0 go paaog am lq C1 TAOQV UNY cssva 'ap?aoI3 go agags `azals go laa4aaoas atp ;o aoT;;o aq4 uz pug aq osia 'Tugs Moo V • (£) (q)(Z)ZL06'0Zi7 a4n383S appoT3'ggP1 aoua -pa000a uT Tan,oadda srr aa3Ia slap (0s) L2PI3 anzpoagga anooaq aouauupa0 spu se4va ani409;;a .01 110TPoaS •43TUUuoo peas go luaaxe of paiaadaa lgaaaq axe aouauTpap sigp qxIm 4oTiguoo uu saouauTpao go shad ao saouauupao ITV . pedal' •6 uoTloaS PROOF OF. PUBLICATION INS . • THE FLORIDA KEYS KEYNOTER Published Twice Weekly `�e • `3 �'r MARATHON, MONROE COUNTY, FLORIDA �` ���w� ` ., ,? eye i 0. jay STATE OF FLORIDA ) r ��� � / � COUNTY OF MONROE) 1%"a /Q9j. -r c:t"i f�y-r't r W Z � r •., rn Before the undersigned authority personally appeared EDWARD J. LEDUC who on oath, sayah-r—affhe``t's``� ° LISP-IER —In of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in WYNROE COMITY,FLORIDA; - 73 . O •orrl that the attached copy of advertisement, being a -< _I= ,ty �% NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE CA 'ID IN THE MATTER OF: ORDINANCE-1993 in the Court, l t no.4376100 was published in said newspaper in the issues of MAR. 6 & 13, 1993 , TOOCONSIODERADOP1ION" i OF COUNTY ORDINANCE TICEIS HEREBY GIVEN CERWN�H.,,OOhat Io Wednesday O C 1 Marc71�4 1993-at 3:00 P.M. at .., the 1IKK�dbb Lar a Library, Key Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at Z - argo, Florie$Tihe Board of TJ : County Commissioners of �� ' Monsr��p Countyr�Florida, in- MARATHON, in said MONROE COUNTY, FLORIDA, and that the said newspaper �r ofnI oconsiderIo tounfv adoption has heretofore been continuously published in said MONROE COUNTY, FLORIDA, �� nanc . '. =(-,- ; �}�INANC NO.-1993 twice each week (on Wednesday and Saturday) and has been entered as second class e-2 AN DINANC DECLAR- 1 ' M:�> INpG Iy�pTO �v POLICY OF mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, --. - , MON DA, 2TOE `�u TY, FLRI TH -'---i-'} AVA�yT,,AABILI O AFE- for a period of one year next preceding the first publication of the attached copy of -• - FORDABLE `:SE ESTRRe 1 advertisement; and affiant further says that he has neitherpaid nor promised anyr �� is NT ea* LOCAL r Y —1• TA1VA HOU 0 INITIA- 7TTIV PARRTN•R5File Alerson, firm, or corporation any discount, rebate, commission fund fog the AUTHORIZED BY SECTIONS 4g2p 9071 - 420.9079, FLORID , of securingthis adver '... ent fo. ,1 1 37 FLORIDAAND CHAPTER purpose y bli io t sal' newspa er. 91-37 FO ADMINIS- �— TRAYIVE CODE; PROVID- ING FOR THE IMPLEMEN- + TATION AND ADMINISTRA- 1 TION OF THE STATE HOUS- ING INITIATIVES PARTNER- e" ' SHIP PROGRAM EST AB- �� _ _ ___ LE " HOUSINGA TRUSTOR FAUND CREATING AN AFFORD- ABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY;-PRO- tVlD1NG—FOR=REPEAL-r-OF.I - ' : ALL ORDINANCES INCON- SEAL i VIDINGTFOR IINCORPORA- ( ) TION INTO THE MONROE COUNTY CODE; AND PRO- VIDING AN EFFECTIVE DATE. SWORN TO A D SUBSCRIBED BEFORE ME THIS ___ Pursuant to section 206.0105, • Florida Statutes,notice=is giv- e en that if a person decided to appeal any decision made by DAY O24 A.D. 19 �� the Board with respect to any matter considered ;t such • hearing or meeting, he will need a record of the proceed- , ings, and that, for such pur- pose, he may need to ensure. -- y that a verbatim ade, wof tich -- --- —a-, — proceedings ord dincludes the made, which 1 and evidence upon which the appeal is to be based. Copies•of the above-referenced ordinance are available for re- view at the various public li • - braries in Monroe County, mARy LOU SOLLBERGER Florida. DATED at Key West, Florida, om�v. My Comm Exp. 8/14/96 I•this 3rd day of March,1993. + o!lo61§ / bonded By Service Ins DANNY L.KOLHAGE Clerk of the Circuit Courtto `S No. CC21 of Monroe County,Florida:' • fill 964.3 and-ex officio Clerk of the .i� `y� Board of County' nersi two/known HMIs la ! Co F o rich + - of fAonrpe County,Florida Publish:Marth 6&13,1993 i Florida Keys Keynoter- • 4 The Key West Citizen Published Daily Key West, Monroe County, Florida 33040 • STATE OF FLORIDA COUNTY OF MONROE: 'Tl Before the undersigned authority personally appeared Randy Erickson, ti�ho on oatlirn • says that he is Advertising Manager of The Key West Citizen, a daily newser publ4hed`_T at Key West in Monroe County, Florida;that the attached copy of the adver ment,7eingc---) a legal notice 73.5. in the matter of l0o-WC€ -c-P ,� n��r�c n C'org ap i� f b won o cMUr) Orel ho rr1 QC N in the court, was published in said newspaper in the issues of !AC eH G, i q�:� Affiant further says that the said The Key West Citizen is a newspaper published at Key West; in said Monroe County, Florida, and that the said newspaper has heretofore been . continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signature of Affiant) Sworn to_and subscribed before me this itday of ,T %, 393. r y,vf- ��SS:,C. LS;, (Signa e of Notary Public) SEAL rrLf;' >w A Bette J. Push (Name of Notary Public) Expires: Personally Known or Produced Identification _ Type of Identification Produced _-.------_.__-------- NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on , Wednesday 24, 1993, at 3:00 p.m. at the Key Largo Library, Key Largo, ' , Florida, the Board`of County•Com- i missioners of Monroe County, Flori- da, intends to consider the adoption of the following County ordinance:. ORDINANCE NO.-1993 AN ORDINANCE DECLARING IT TO BE A POLICY OF MONROE COON- �— TY,FLORIDA,TO'SUPPORT THE AVAILABILITY OF AFFORDABLE HOUSING;PROVIDING FOR THE ESTABLISHMENT OF A LOCAL STATE HOUSING INITIATIVES PARTNERSHIP,AS AUTHORIZED BY SECTIONS 420.9071 -420.9079, ' FLORIDA STATUTES,AND CHAP- TER 91-37,FLORIDA ADMINISTRA- TIVE CODE:PROVIDING FOR THE IMPLEMENTATION AND ADMIINIS- TRATION OF THE STATE HOUS- ' ING INITIATIVES PARTNERSHIP PROGRAM:ESTABLISHING AN FORDABLE HOUSING TRUST F , FUND;CREATING AN AFFORD- ABLE HOUSING ADVISORY COM- MITTEE:PROVIDING FOR SEVER- ABILITY;PROVIDING FOR REPEAL • OF ALL ORDINANCES INCONSIS- -O-€NT-1=1 E-RE W-I-TH;-P-RO-V-I D I N G— FOR INCORPORATION INTO THE MONROE COUNTY CODE;AND i ' PROVIDING AN EFFECTIVE DATE.: • Pursuant to Section 286.0105, Flor- idatStatutes, notice is given that if a • person"decided-to-appeal--any-deci sion made by.the Board with respect to any matter considered at such , hearing or meeting, he will •need a _ - - record of the proceedings, and that„'. _ _ .. for such purpose,he may need to en- ' ' sure that a verbatim record of the ' proceedings is made, which record includes the testimony and evidence upon which the appeal is to be, based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County,Florida. ... DATED-at-the Key'Nest;Florida,this 3rd day of March,1993. -DANNY L.KOLHAGE irk of the Circuit Courty of Monroe '. - County,Florida and ex officio Clerk •,, - of the Board of County COmmission- , ers of Monroe County, Florida•, March 5,1 2, 1993 • 111111746 SERVING THE UPPER KEYS FOR OVER 20 YEARS DAGNY WOLFF Editor&Publisher BOX 1197 • TAV E R N I E R, F LA43070 (305) 852-3216 FAX 852-8249 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF ,who on oath,says that she is EDITOR&PUBLISHER of THE REPORTER,a weekly newspaper published at Tavernier,Monroe County,Florida: that the attached copy of advertisement,being a_LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION IN THE Court,was published in said newspaper in the issues of_3/18 AND 3/25/93 Affiant further says that the said REPORTER is a newspaper published at Tavernier,in said Monroe County,Florida,and that the said newspaper has heretofore been continuously published in the said Monroe County,Florida, each week(on Thursday),and has been entered as second class mail matter at the Post Office in Tavernier,in said County of Monroe,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm,person,or corporation any discount,rebate,commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. • SE 3 -r1 SWORN TO AND SUBSC BED BEFORE ME THIS --_ rn0 C)' _ 3TH_DAY OF_MARCH_A.D.,1993_ n (` T' / / o, FV T �"' -1„ NOTARY PUBLIC D NOTARY PUBLIC;STATE OF FLORIDA AT LARGE r- ON - MY COMMISSION EXP E i 1993 BONDED THRU AGENT'S NOTARY BROKERAGI • 11111 • • NOTICE OF INTENTION TO CONSIDER • ADOPTION'OECOUNTY.ORDINANCE. • NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,March 24,1993 at 3:00 p.m.at the Key Largo Library, Key Largo,Floods,_ the Board of-County Commissioners of Monroe - • ' County,Florida,intends to consider the adoptior(of the following County ordinance: - - ORDINANCE-NO. 1993 • AN ORDINANCE DECLARING IT-TO BB A POLICY OF MON- • ROE COUNTY,FLORIDA,TO SUPPORT THE AVAILABILITY OF A ' 'LOCAL STATE HOUSING INITIATIVES PARTNERSHIP,AS AU- THORIZED BY SECTIONS 420.9071 -420.9079,FLORIDA STAT- _ UTES,AND CHAPTER 91-37,FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR:THE IMPLEMENTATION AND ADMINISTRA- TION OFTHESTATE HOUSING INITIATIVES PARTNERSHIP PRO- -GRAM -ESTABLISHING—AN AFFORDABLE HOUSING TRUST FUND;CREATING AN AFFORDABLE HOUSING ADVISORY COM- MITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INC ORPORATION INTO THE MONROE COUNTY - CODE;AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decided to appeal any decision made by the Board with respect to ; any matter considered at such hearing or meeting,he will need a record of ' the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be,based. - Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida. DATED at Key West,Florida,this 3rd day of March,1993. ' DANNY L.KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the - . -- Board of County Commissioners.; _ of Monroe County,Florida' Published:3/11 and 3/18/93 - - • - The Reporter - Tavernier,FL 33070 • • /Z —H /5