Item C
Jerry Coleman, Esq.
John C, Rockwell, Esq. (FL only)
Email: ierrvcolemanpl@bellsouth.net
irockwellesq@bellsouth.net
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: Monroe County Board of County Commissioners
FROM: Jerry Coleman, Counsel to Monroe County Workforce Housing Task Force
SUBJECT: Summary of Task Force and Recommended BOCC Resolutions
On January 25 the Workforce Housing Task Force directed counsel to draft a summary of
Task Force resolutions for presentation to the BOCC at a joint BOCC/Task Force public
workshop to be held February 10,2006, including final preparation of recommended resolutions
for subsequent BOCC action at its February 15, 2006 meeting in Key Largo, Below is a brief
summary of each Task Force Resolution, including a synopsis of the Task Force's requested
action by the BOCC and a recap of the impetus for the Task Force's recommendation(s). My
explanations come from my own recollections and drafting notes and necessarily will lack some
otherwise relevant details that Task Force members may address at the workshop, Attached here
as Exhibit "1" is a copy of the Workforce Housing Task Force: Initial Conclusions, by
consultant Steve Seibert and dated November 1,2005.
Please note that on some of the early Task Force resolutions I had incorrectly designated
the Workforce Housing Task Force as the "Affordable" Housing Task Force. Notwithstanding
this discrepancy, the Task Force's resolutions are being presented to the BOCC as originally
drafted, voted upon and signed by the Task Force Chairman, In contrast, I have taken the liberty
to correct the proposed final BOCC resolutions designed to implement the Task Force
recommendations, both in this regard, and as well to reflect the change of Mayor and Mayor Pro
Tern that took place last November and for the February 15,2006 BOCC meeting date.
Unified Coordination
On September 28, 2005 the Task Force adopted a resolution requesting that the BOCC
pass a resolution directing the County staff to work with Islamorada, Key West and Marathon on
a coordinated basis to address affordable/workforce housing issues. This resolution was
unanimously passed by an affirmative vote of all Task Force members present, and it addressed
two other subjects, discussed separately below (Save Our Homes treatment of rental units and
Fractional ROGO). A copy of this Task Force resolution is attached as Exhibit "A",
Accompanying the Task Force resolution was a proposed BOCC resolution that counsel has
c
updated for presentation to the BOCC at the February 10, 2006 joint Task Force/BOCC
workshop and which is attached here as Exhibit "B", The BOCC resolution has five points:
1. BOCC directs County staff to the maximum extent possible to
provide data, analysis and other planning and administrative support to the
Task Force.
2, BOCC requests that the municipalities, to the maximum extent
possible, provide data, analysis and other planning and administrative
support to the Task Force.
3. BOCC directs the County Administrator to have County staff
provide Task Force members with compendium copies of certain
materials,
4. BOCC requests that the municipalities provide Task Force
members with compendium copies of certain materials.
5. BOCC requests that each municipality support to the maximum
extent possible staffing of a joint housing planning group.
The impetus for this resolution was, among other things, a DCA representative's early
statements to the Task Force indicating the Department's willingness to consider a substantial
infusion of additional affordable housing ROGO allocations to the Florida Keys predicated upon
(i) the State's reassessment of hurricane evacuation model implications, and (ii) an agreement
among local jurisdictions to address the workforce/affordable housing crisis on a coordinated
"regional" basis. The Task Force recognized, however, that planning staffs across the Keys are
already overburdened, and the Task Force did not with these requests want simply to create yet
another, self-imposed unfunded mandate.
Save Our Homes
As mentioned above, the September 28, 2005 Task Force resolution (Exhibit "A") also
recommended that the BOCC (and the County's municipalities) resolve to support the immediate
state legislative passage of statutory authority for Keys jurisdictions to apply "Save Our Homes"
ad valorem property tax increase limitations to residential rental properties providing affordable
housing for permanent residents of the Florida Keys, Accompanying the Task Force resolution
was a proposed BOCC resolution that counsel has updated for presentation to the BOCC and
which is attached here as Exhibit "c", This resolution was unanimously passed by an
affirmative vote of all Task Force members present. The impetuses for this resolution were,
among other things, citizen comments before the Task Force and the Task Force's assessment
that full commercial ad valorem property taxation of landlords providing affordable housing
rendered continued maintenance and rehabilitation of these private resources unfeasible, leading
2
to accelerated conversion of such property away from affordable rental uses, The Task Force
recognized the existence of state statutory and constitutional implications for this proposal.
Fractional ROGOs
As also mentioned above, the September 28, 2005 Task Force resolution (Exhibit "A")
also recommended that the BOCC direct the immediate adoption of County land development
regulation amendments authorizing fractional ROGO allocations for affordable housing units of
limited size, Accompanying the Task Force resolution was a proposed BOCC resolution that
counsel has updated for presentation to the BOCC and which is attached here as Exhibit "D",
This resolution was unanimously passed by an affirmative vote of all Task Force members
present. The proposed BOCC resolution itself contained an exhibit with proposed draft language
for a "fractionalized ROGO" ordinance for affordable workforce housing units of less than 750
sq. ft. in size, so that such units would be counted as 0,5 of an affordable ROGO allocation
instead of the current full 1,0. An impetus for this resolution was, among other things, the Task
Force's assessment that smaller workforce/housing units were unlikely to have the potential
negative evacuation impacts of larger affordable and market-rate units and, therefore, the
exhaustion of a full unit allocation was not only not justified, but also provided a disincentive for
development of smaller units suitable for infill projects and the more intensive and efficient use
of available vacant and developable land in the Keys.
Density
On December 15, 2005 the Task Force adopted a resolution requesting that the BOCC
pass a resolution directing staff to draft changes the County's land development regulations and
any necessary Comprehensive Plan amendments authorizing (1) allowable density for affordable
housing projects to be calculated on a "gross" acreage or parcel sq, footage basis (versus, for
example, allowable density calculated on a "net" of required "open space" or other similar
basis), and (2) density bonuses of up to fifty percent (50%) calculated on the number of
affordable units otherwise allowable on a developable parcel. A copy of this Task Force
resolution is attached as Exhibit "E". This resolution was unanimously passed by an
affirmative vote of all Task Force members present. It again requested immediate drafting and
passing of a Fractional ROGO ordinance in a form suggested in an attached' draft BOCC
resolution that included with it a draft ordinance as previously described. Accompanying the
Task Force resolution and which is attached here as Exhibit "F" was a proposed BOCC
resolution on "density bonuses" and "gross acreage" calculations that counsel has updated for
presentation to the BOCC (deleting the section relating to Fractional ROGO already covered).
Also on December 15, 2005 the Task Force adopted a resolution requesting that the
BOCC pass a resolution directing Planning Department staff to draft proposed amendments to
the land development regulations and, where necessary any required Comprehensive Plan
amendments, increasing allowable density for buildable lots (e.g., current IS-zoned lots) where
the number of allowable residential dwelling units is now limited to one (1), in cases where
3
proposed development or redevelopment of a lot is restricted to affordable/workforce housing,
The impetus for this recommendation was recognition that many existing affordable units are
single family units (including mobile homes) on lots allowing only a single family unit, though
the lot could comfortably support two or more units of deed-restricted affordable/workforce
housing. Moreover, the understanding that Islamorada has recently implemented a similar
change allowing increased density for single-unit zoned lots fronting US-l suggested a unified
move in this direction throughout the County, A copy of this Task Force resolution is attached
as Exhibit "G". I note that the Task Force resolution included an errant "Whereas" drafting
clause carried over and actually relating to locally derived income requirements for occupant
eligibility that was addressed in a separate Task Force resolution discussed below,
Accompanying this Task Force resolution is here attached as Exhibit "H" a proposed BOCC
resolution counsel has drafted for presentation to the BOCC at the February 10,2006 joint Task
Force/BOCC workshop.
ROGO Lot Donation Points
The December 15, 2005 meeting was a busy one and the Task Force also adopted a
resolution requesting that the BOCC pass a resolution directing Planning Department staff to
draft proposed amendments to the land development regulations and, where necessary any
required Comprehensive Plan amendments, adjusting the ROGO point system to permit an
award of six (6) points (in contrast to the current two (2) points) for the donation of a "ROGO-
lot" to the County, in cases where no negative environmental conditions on the lot or other
factors would otherwise prevent the immediate construction of an affordable/workforce housing
unit by a qualified owner/developer, A copy of this Task Force resolution is attached here as
Exhibit "I". This resolution was unanimously passed by an affirmative vote of all Task Force
members present, except for one abstention which was not based upon the merits of the proposal,
but instead upon the abstaining member's recognition that property he owns could potentially be
affected, The Task Force believes for larger donated parcels upon which more than a single unit
of affordable/workforce housing can immediately be constructed, the donor should receive six
(6) points for each affordable unit that could potentially be built on the donated parcel. It also
believes the ROGO or scoring points should be bankable, transferable and capable of being used
to obtain an award for an allocation in any Monroe County planning subarea, Accompanying
this Task Force resolution and attached here as Exhibit "J" is a proposed BOCC resolution
that counsel has drafted for presentation to the BOCC at the February 10, 2006 joint Task
Force/BOCC workshop.
Bedroom Size Price Limits
On December 15, 2005 the Task Force also adopted a resolution requesting that the
BOCC pass a resolution directing Planning Department staff to draft proposed amendments to
the land development regulations and, where necessary any required Comprehensive Plan
amendments, affirming the continued use of the current Monroe County Code sale price formula
methodology for initial sales, resales and rentals of affordable housing units, but adjusting the
formulas to account for the number of bedrooms contained in a unit. The Task Force noted that
current formulas set the same sale price for one-bedroom affordable units for three-bedroom
4
units, which negatively affect the incentives for developers to create affordable/workforce
housing units containing more than one bedroom. A copy of this Task Force resolution is
attached here as Exhibit "K". This resolution was unanimously passed by an affirmative vote
of all Task Force members present, and addressed two other subjects which are discussed
separately below (Monroe County Housing Authority Role and Rights of First Refusal).
Attached to this memorandum as Exhibit "L" is a proposed BOCC resolution relating to the
relevant price formula and desired adjustment for number of bedrooms that counsel has drafted
for presentation to the BOCC at the February 10,2006 joint Task Force/BOCC workshop,
Monroe County Housin!! Authority Role
As discussed above, the December 15, 2005 Task Force resolution attached as Exhibit
"K" also unanimously recommended that the BOCC consider formalizing a role for the Monroe
County Housing Authority in administering and processing of workforce housing sales and
resales, to include determining and monitoring of initial and continuing income and employment
eligibility and compliance with occupancy and resale price restrictions. The Task Force
recognizes and suggests that the Housing Authority should be permitted to recover the costs it
would incur for providing such assistance, Attached to this memorandum as Exhibit "M" is a
proposed BOCC resolution relating to the envisioned Housing Authority role that counsel has
drafted for presentation to the BOCC at the February 10, 2006 joint Task Force/BOCC
workshop.
Ri!!ht of First Refusal
As also discussed above, the December 15, 2005 Task Force resolution attached as
Exhibit "K" also recommended that the BOCC require that for all affordable/workforce housing
created in the future there be reserved through appropriate deed restrictions a right of first refusal
in favor of Monroe County, or its designee, to purchase affordable/workforce housing offered for
sale at the lawfully established offering price, with an option period of no less than ninety (90)
days from the date an owner notifies the County or its designee of the owner's desire to sell a
deed-restricted affordable/workforce housing property, In the event that the County or its
designees does not elect to purchase a unit pursuant to its right of first refusal, the owner of
property containing restricted affordable/workforce housing units should be free to sell the
property to buyers who are otherwise qualified to own such property and subject to all other
affordable/workforce housing covenants of record, Attached to this memorandum as Exhibit
"N" is a proposed BOCC resolution relating to the right of first refusal recommendation that
counsel has drafted for presentation to the BOCC at the February 10, 2006 joint Task
Force/BOCC workshop. Counsel notes that current Land Authority deed restrictions impose a
requirement that a non-profit recipient of a Land Authority land grant reserve to the recipient a
right of first refusal to purchase units/parcels sold to subsequent purchasers, The Task Force
also recognized the need to deal with the equitable interests of heirs and legatees of owners of
deed-restricted affordable housing resources.
5
Allocation Pipeline
On December 15, 2005 the Task Force also adopted a resolution requesting that the
BOCC consider implementing a system that protects affordable housing developers' investments
in the admittedly long planning, approval and financing process by reserving for developers for
two (2) years their allocation awards, from the date of an allocation award or reservation, to the
date of issuance of certificates of occupancy for planned units, with up to a one (1) year
extension where diligence and good cause for delay is shown, A copy of this Task Force
resolution is attached here as Exhibit "0", This resolution was unanimously passed by an
affirmative vote of all Task Force members present, though counsel notes that the "Whereas"
recital clauses in this resolution also erroneously referred the Task Force's December 15
discussion of locally derived income criteria for workforce housing, which as mentioned above,
was the subject of another Task Force resolution discussed separately below, An impetus for
this resolution and the suggested BOCC policy was the concern of Task Force members for the
potential for "banking" of affordable/workforce housing ROGO allocations, as may have
occurred in the past, and also with possible award of allocations to recipients who are not
actually "ready to proceed" with their projects while other developers who are truly ready to
proceed with their projects are stymied or even eventually precluded from developing affordable
housing for lack of immediately available allocations, The Task Force recognized that because
the need for housing is immediate, units readied for occupancy at the earliest possible point
should be a priority and developers ready to make this happen should normally be the first to
receive allocations, However, the Task Force also recognized the difficulties faced by
developers of affordable housing and the need to protect these developers' early and costly
commitments to projects and to minimize the negative incentive for such developers to embark
upon the development process where they are likely to be denied the necessary allocations late in
that process. Hence, the Task Force determined the "allocation pipeline" issue to be an
important one (that could be made less problematic should the DCA establish a substantial pool
of additional allocations). Attached to this memorandum as Exhibit "P" is a proposed BOCC
resolution relating to the allocation reservation/pipeline that counsel has drafted for presentation
to the BOCC at the February 10,2006 joint Task Force/BOCC workshop,
Public Ownership
On December 15, 2005 the Task Force also adopted a resolution attached here as
Exhibit "0" requesting that the BOCC consider implementing a requirement that for all rental
or ownership workforce housing projects receiving Monroe County financial "Subsidies the
underlying land upon which the workforce housing units are created should be owned by
Monroe County or its designee, though in certain cases, nominal (e,g" $1/year) leasebacks of
property to owners/developers may be appropriate. This resolution was unanimously passed by
an affirmative vote of all Task Force members present. I note that this Task Force resolution
also included the errant "Whereas" clause relating to locally derived income requirements for
occupant eligibility that is discussed below, The resolution reiterated the Task Force's beliefs
that (1) permanent public ownership of the underlying land upon which workforce housing units
6
are created is one of the best means to ensure long-term accountability for expenditures of public
funds for workforce housing, and (2) all deed restrictions as to affordability, workforce uses and
occupancy should be designed to insure that all affordability restrictive covenants run in
perpetuity. The Task Force noted that granting a property owner/developer an affordable or
workforce ROGO allocation, in and of itself, without public financial assistance, should not be
deemed a "subsidy" for these public ownership requirement purposes. Attached to this
memorandum as Exhibit "R" is a proposed BOCC resolution relating to public ownership that
counsel has drafted for presentation to the BOCC at the February 10, 2006 joint Task
Force/BOCC workshop,
Locallv Derived Income Requirements
On December 15, 2005 the Task Force also adopted a resolution requesting that the
BOCC implement a locally-derived employment income requirement for all rental or ownership
workforce housing projects, This resolution was the subject of some debate, not necessarily due
to disagreement over specific challenges facing the Keys with respect to providing affordable
housing to working people and non-working people alike, but in recognition of limited capability
to fully serve all competing interests and the divergent missions of various stakeholders. This
resolution passed by a large majority vote of Task Force members present. A copy of this Task
Force resolution is attached as Exhibit "S", The resolution basically recommends to the BOCC
that all rental "workforce" housing be limited to families who derive 70% of their household
income from gainful employment here in Monroe County. With respect to "ownership"
workforce housing, the resolution suggests that the BOCC require that the 70% locally-derived
gainful employment income requirement apply for such housing at the time of purchase and for
the immediately following five (5) years in order for a purchaser to be permitted to retire with
dedicated workforce housing constituting his or her principal residence. The Task Force felt that
income eligibility requirements must be annually verified and all workforce/affordable housing
must permanently remain "owner occupied," An issue here is the difference between
"affordable" housing for non-working people and "workforce" housing for gainfully employed
persons, and the necessity that both categories of housing consumers be served from a single
pool of "affordable" ROGOs. Attached as Exhibit "T" to this memorandum is a proposed
BOCC resolution relating to locally-derived income requirements that counsel has drafted for
presentation to the BOCC at the February 10, 2006 joint Task Force/BOCC workshop.
Fundin!! Sources
On October 12, 2005 the Task Force adopted a resolution requesting that the
BOCC immediately begin the process of implementing a long-term funding program for
affordable housing initiatives. A copy of this Task Force resolution is attached as
Exhibit "U", This resolution was unanimously passed by an affirmative vote of all Task
Force members present. The Task Force determined that development and
implementation of a set of long-term funding mechanisms for housing initiatives was one
of if not the most critical and urgent components of any program to address the
workforce/affordable housing crisis, The Task Force believes that without a dedicated
stream of funding any government intervention aimed at comprehensively addressing
7
housing market failure is unlikely to succeed. The Task Force recommends that the
BOCC request that the County's state legislators introduce at the upcoming legislative
session any bills necessary for the County to adopt proposed funding mechanisms, and
that all revenues derived from these funding programs be exclusively held and used for
the purposes of funding affordable/workforce housing initiatives, including, but not
limited to, land and development rights acquisition, construction and rehabilitation of
dwelling units and related infrastructure and amenities, financing and financial assistance
to qualified landlords, tenants, developers and owners of affordable housing resources, as
well as underwriting ongoing program administration, with authority also being granted
to bond and share revenues with Monroe County municipalities, the Monroe County
School Board and other local government agencies for the same and for no other
purposes. A list of possible, but non-exclusive funding mechanisms includes:
· authorization and adoption of a (or an additional) local option sales tax
· authorization and adoption of an additional "one-penny' to the Tourist
Development ("Bed") Tax
· reallocation of existing Tourist Development ("Bed") Tax revenues
· new or additional impact, user or linkage fees
· authorization and adoption of a real estate transfer tax
Attached to this memorandum as Exhibit "V" is a proposed BOCC resolution relating to
funding sources that counsel has updated for presentation to the BOCC at the February 10,2006
joint Task Force/BOCC workshop,
Trailer Park 380 A!!reements
On December IS, 2005 the Task Force also adopted a resolution requesting that the
BOCC adopt certain guidelines for the use of Chapter 380 agreements for preserving affordable
housing at trailer park sites that are otherwise redevelopable as market rate housing projects,
This resolution was the subject of some discussion and I brought back to the Task Force several
rewordings due to, in the first instance, my own transcription error, and in another, a member's
request for clarifying language, The final Task Force resolution regarding trailer park 380
agreements was unanimously passed by all Task Force members present at the Task Force's
January 25, 2006 meeting. A copy of this Task Force resolution is attached as Exhibit "W",
The resolution addresses the exchange ratios (transferable market rate unit allocations that an
owner/developer can remove from a trailer park site for use elsewhere in the County in exchange
for deed restricted affordable/workforce redevelopment of the trailer park), recommends County
ownership of underlying land, suggests minimum unit size, suggests a Housing Authority role in
administering rentals and sales, and recommends limiting the affordable ROGO allocations used
for such agreements to 20% of the total number of affordable allocations annually available to
the County. Attached to this memorandum as Exhibit "X" is a proposed BOCC resolution
relating to the Task Force's recommendations concerning Trailer Park 380 Agreements that
counsel has drafted for presentation to the BOCC at the February 10, 2006 joint Task
Force/BOCC workshop.
8
Deed-Restricted Market Rate Units Included in Affordable Housine Proiects
On January 25, 2006 the Task Force adopted a resolution requesting that the BOCC pass
a resolution directing staff to draft changes to the County's land development regulations and
any necessary Comprehensive Plan amendments authorizing deed-restricted market rate
incentive units built as part of an affordable/workforce housing project, as is currently authorized
under Sections 9,5-266(8)(a) and (b) of the Monroe County Code, to be developed through use
of affordable ROGO allocations. A copy of this Task Force resolution is attached as Exhibit
"Y". The Task Force resolution was unanimously passed by all Task Force members present.
The impetus for this recommendation was the Task Force's determination that despite the Code's
incorporation of an incentive provision allowing a small number of deed-restricted market rate
units (up to 20%) to be developed in affordable projects, which provision was designed to help
developers render such mixed-use projects feasible, the mechanism has never been used and
therefore could not be said to have provided any incentive as currently structured, It was noted
that one problem was that while a potential developer of an affordable housing project might
promptly obtain all of the needed affordable allocations for a project's affordable units, the
corresponding allocations for the deed-restricted market rate units still have to be competitively
secured through the regular ROGO application process, with the associated delay and
uncertainty, This set of circumstances has negated any incentive value that might have resulted
in affordable workforce housing being built as envisioned. It was noted that planning staff has
ruled in the past that while the deed-restricted market rate units are part of the affordable housing
provisions of the Code, they are nonetheless subject to the standard market rate ROGO
allocation paradigm, It was also noted that the Code currently requires that the sale and resale
of any deed-restricted market rate units authorized by Section 9,5-266(8) be restricted to buyers
making 70% of their income in Monroe County, This deed restriction requirement coupled with
the placement of the home in an affordable project naturally reduces the home's potential market
value, Attached to this memorandum as Exhibit "Z" is a proposed BOCC resolution relating to
the Task Force's recommendations concerning the foregoing,
Reauest for Review of Recommendations and Counsel and Consultant Assistance
On January 25, 2006 the Task Force adopted a resolution requesting that the BOCC
authorize and direct counsel and the Task Force's consultants to follow up on any
ordinance/comprehensive plan drafting tasks required to implement all final BOCC resolutions.
A copy of this Task Force resolution is attached as Exhibit "AA", The Task Force resolution
was unanimously passed by all Task Force members present. Counsel acknowledges the rather
peculiar situation of his drafting of a proposed BOCC resolution calling for his and the Task
Force consultants' continued engagement. Be that as it may, the resolution was made, with the
impetus for it being the Task Force's concern that its work and recommendations-to the extent
the BOCC deems one or more of its recommendations advisable and meriting of further action
and/or implementation-could not likely be acted upon as promptly and with reference to the
full deliberative background that engendered them, given the limitations on County planning and
legal staff. The Task Force therefore requested that the BOCC consider the Task Force's
recommendations and, as to those the BOCC wants to pursue, refer them back to the Task
Force's counsel and consultants for drafting into appropriate legislation for review by the Task
9
Force, and subsequent submission and processing by the Task Force's counsel, including
shepherding the measures through staff, the Planning Commission, and through subsequent
approvals, including those of the DCA, Attached to this memorandum as Exhibit "BB" is a
proposed BOCC resolution relating to the Task Force's recommendations concerning the
foregoing,
10
THE
ElBERT
LAW FIR M
Envlronmenlal 6 land Use Mailers
To: Tom Willi, Monroe County Administrator
(for distribution to the Monroe County Commission)
From: Steve Seibert and Bob Reid
Special Counsel
Date: November 1,2005
Re: Workforce Housing Task Force: Initial Conclusions
In June, 2005, the Monroe County Board of County Commissioners empanelled a "task
force" to make recommendations addressing the affordable housing crisis facing the
Florida Keys. The County Commission appointed Task Force members and it
subsequently met four times, on July 26, September 8 and 28, and on October 12. The
County also hired my law finn, in association with the Bryant, Miller and Olive law firm,
to give counsel on this issue to both the Task Force and to the County.
Our Task Force meetings were open to the public and we engaged in open and serious
deliberations. Attached please find three Resolutions passed by the Task Force, and we
respectfully propose them for your consideration. In brief, the first resolution requests
that local governments in the Keys collaborate in their efforts to address affordable
housing; the second recommends that the county amend its land development regulations
to provide for fractional ROGO allocations for smaller units; and the third supports
legislation limiting property tax assessment on rental properties providing affordable
housing to permanent residents,
On behalf of the Task Force, I would like to provide some context for these Resolutions.
The Task Force focused on "workforce housing," although it was clear there was a crisis
for all levels of affordable housing and the crisis affects all parts of the Monroe County.
Hence, there is a tremendous need for intergovernmental coordination. . . and that
coordination does not currently exist. We noted the existence of several task forces
dealing with this general issue, and hoped we could combine our efforts to obtain the
greatest impact.
The Task Force believed there was a deficit of workforce housing units numbering in the
many thousands; we noted the Shimberg Study finding of a deficit of 6,500 units and
1
concluded the goal of obtaining the pennits to build, and actually building at least 5,000
workforce housing units, during the next decade, is a reasonable goal.
The Task Force acknowledged there is a cost to administer a meaningful workforce
housing program. Funds for such administration can come from a variety of sources, but
we believed strongly that the County Commission should not take lightly the importance
of funding effective administration. In addition, the Task Force believes there should be
an on-going, citizen-based "advisory committee" (much like this Task Force) to assure
this critical issue continues to be addressed by the Commission and to address the
changing nature of affordable housing as the crisis evolves over time.
The Task Force noted the importance of preserving and upgrading existing affordable
housing stock. This should be a priority, but "health and safety" codes, and current
standards, should not be compromised. The Task Force also supports the School Board's
efforts to be ROOO exempt.
Finally, and perhaps most importantly, the Task Force fully supports the County
Commission's efforts to purchase property for workforce housing, to create or utilize
"land trusts" or other similar legal entities, and to establish perpetual legal restrictions on
the future use of this property (such as deed restrictions), so affordability is maintained
for generations to come.
The Task Force recognizes there are other issues which the County Commission may
direct us to address, We felt that "time was of the essence" and there were immediate,
and substantive, recommendations we could make. That is why this letter is titled "Initial
Conclusions, "
On a personal note, and on behalf of Bob Reid, I would like you to know how honored
we are to work with this fine and committee group of citizen leaders and to advise the
County on such an important public policy challenge.
2
A RESOLUTION OF THE MONROE COUNTY
AFFORDABLE HOUSING TASK FORCE
SEPTEMBER 28,2005
WHEREAS, the Board of County Commissioners has recently empanelled this
Affordable Housing Task Force to address critical housing affordability issues facing the
Florida Keys; and
WHEREAS, at meetings of the Task Force on September 8,2005 and on the date
set forth above, it was considered and determined that certain actions by local governing
bodies should be taken without further delay: now therefore,
BE IT RESOLVED BY THE MONROE COUNTY AFFORDABLE
HOUSING TASK FORCE that:
Section 1: It is resolved that this committee shall present to the Monroe
County Board of County Commissioners, the City of Islamorada Village Council, the
City of Marathon City Council and the City of Key West City Commission a request
these bodies adopt a resolution supporting to the maximum extent possible the County
and the Affordable Housing Task Force in their efforts to develop a regional approach to
addressing the affordable housing crisis, substantially in the form attached hereto as
Exhibit A, Task Force counsel shall draft for presentation versions of the attached
proposed BOCC resolution conformed to the format used by each municipality.
Section 2: It is resolved that this committee shall present to the Monroe
County Board of County Commissioners a request that the BOCC adopt a resolution at its
next meeting directing the immediate adoption of County land development regulation
amendments authorizing fractional ROGO allocations for affordable housing units of
limited size, substantially in the form attached hereto as Exhibit B.
Section 3. It is resolved that this committee shall present to the Monroe
County Board of County Commissioners, the City oflslamorada Village Council, the
City of Marathon City Council and the City of Key West City Commission a request that
these bodies adopt a resolution supporting the immediate state legislative passage of
statutory authority for these jurisdictions to apply the "Save Our Homes" ad valorem
property tax increase limitations to residential rental properties providing affordable
housing for permanent residents of the Florida Keys, substantially in the form attached
hereto as Exhibit C. Task Force counsel shall draft for presentation versions of the
attached proposed BOCC resolution conformed to the format used by each municipality.
PASSED AND ADOPTED by the Monroe County Affordable Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 28th day of
September, 2005,
MONROE COUNTY AFFORDABLE HOUSING TASK FORCE
Chairman Reggie Paros
Maureen Lackey
B ill Loewy .
Donna Windle
Dave Boerner
Tim Koenig"
John Dolan-Heitlinger
Carol Fisher:
Ed Swift
Brian Schmitt
Jim Saunders'
ArrEST: Stacy DeVane
f7
, '-- If' I
~_._j,..1'lt.-t1 ht ~. '{.I ,~
Recording re~retary
. '
Approved as to form:
J;,.,., (JlJlurQ/(
Task Force Attorney
YES
NO
ABSENT
x
x
x
X
X
X
X
X
X
X
X
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REQUESTING MULTI-JURISDICTIONAL COOPERATION IN ADDRESSING
AFFORDABLEIWORKFORCE HOUSING NEEDS FOR THE FLORIDA KEYS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 citizens of Monroe County live and work throughout the
County, both in its various municipalities and in the unincorporated areas, resulting in an
interdependent and unified economy that serves the entire Florida Keys; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one of regional significance affecting not only the unincorporated areas
of our County, but also each of its various municipalities; and
WHEREAS, the Florida Department of Community Affairs recently indicated a
willingness to assist Florida Keys local governments in addressing on a regional basis the
challenge of ensuring long-term affordable housing viability in the Florida Keys; and
WHEREAS, the County's Workforce Housing Task Force and now this Board
have determined that a regional and sufficiently uniform approach to addressing the
affordable housing crises is realistically most likely to have a substantial positive impact;
and
WHEREAS, the County's Workforce Housing Task Force and now this Board
have determined that a multi-jurisdictional approach to ultimately solving our region's
affordable housing crisis should begin at this time, with an emphasis on recognition of
shared purpose, cooperation and uniformity of regulatory mechanisms wherever possible;
and
WHEREAS, the County's Workforce Housing Task Force and now this Board
have determined that the expertise and perspectives of the various jurisdictions and their
staffs will not only be beneficial but will likely be decisive in implementing a productive
strategy with respect to preserving and creating new affordable housing opportunities in
the Florida Keys; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall direct County staff to provide
support to the maximum extent possible to the Workforce Housing Task Force in its
efforts to develop a regional approach to addressing the affordable housing crisis,
including but not limited to providing to the Task Force data and analysis of current
housing needs, inventory, trends and regulations.
Section 2: The BOCC hereby requests that the governing commissions and
councils of the County's various municipalities direct and encourage their staffs to
provide support to the maximum extent possible to the Workforce Housing Task Force in
its efforts to develop a regional approach to addressing the affordable housing crisis,
including but not limited to providing to the Force data and analysis of current housing
needs, inventory, trends and regulations.
Section 3: The County Administrator shall direct County staff to provide to
the Workforce Housing Task Force secretary for dissemination to Task Force members
and staff compendium copies of all affordable and workforce housing inventories, lists of
deed restricted properties, current forms of affordable housing applications and deed
restrictions, applicable affordable housing regulations and proposed regulations,
Section 4: The BOCC hereby requests that the various municipalities'
governing commissions and councils direct their respective municipal planning staffs to
provide to the Workforce Housing Task Force secretary for dissemination to Task Force
members and staff compendium copies of all affordable and workforce housing
inventories, lists of deed restricted properties, current forms of affordable housing
applications and deed restrictions, applicable affordable housing regulations and
proposed regulations.
Section 5, The BOCC hereby recognizes the need for professional planning
expertise in support of the Task Force's efforts to develop proposed uniform regional
approaches and strategies for addressing Florida Keys affordable housing needs and,
therefore, the BOCC requests that each municipality of the County, to the maximum
extent possible, support and staff a joint planning department working group (preferably
with planning directors with legal support provided by Task Force counsel if desired) to
help the Task Force coordinate development of regional approaches and strategies, to
include but not be limited to, providing relevant data and analysis, drafting of revisions
and amendments to land development regulations and comprehensive plans, and drafting
of proposed interlocal agreements designed to implement regional affordable housing
strategies.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY
COMMISSIONERS REQUESTING STATE LEGISLATORS'
SPONSORSHIP OF 'SAVE OUR HOMES" AD VALOREM TAX RELIEF
FOR RENTAL AFFORDABLE HOUSING
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida recognizes 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 where the need for affordable housing is
an identified matter of critical state concern; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one requiring efforts of both government and the private sector; and
WHEREAS, commercial properties providing affordable housing, including but
not limited to rental apartment complexes and the like, are currently taxed for ad valorem
property tax purposes at full commercial market values even where the property owner is
otherwise willing to subject his or her property to recorded limitations on the amount of
rent charged to long-term tenants and where such rental rates qualify as affordable
housing under local, state or federal criteria; and
WHEREAS, the increased costs of construction, financing, insurance,
maintenance and taxes on residential property, without any relief from tax escalation due
to rising property values, is a disincentive for private sector developers and property
owners who might otherwise build and maintain affordable housing in the Florida Keys
were tax relief available; and
WHEREAS, the Board of County Commissioners recognizes the need for private
sector contributions to the overall provision of affordable housing within the County and
desires to provide incentives to developers to build and maintain long-term affordable
housing for the citizens of Monroe County; and
WHEREAS, the Board of County Commissioners believes that application of the
'Save Our Homes' homestead exemption provisions which grant ad valorem property tax
relief to individual homeowners for their own homes, should-to the maximum extent
that statutory relief under Chapter 196, Florida Statutes, may be permitted, and should it
be required, through constitutional amendment-be extended to residential rental
property that is rented to properly qualified individuals at lawfully established affordable
rents; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: It is resolved that the BOCC hereby requests of its State
Legislators that they introduce legislation at the next legislative session seeking extension
of the 'Save Our Homes' exemptions and annual assessment increase relief, as provided
under Chapter 196, Florida Statutes, to residential rental properties which qualify as
affordable housing under local, state or federal affordable housing criteria.
Section 2: It is resolved that the BOCC hereby requests of its State
Legislators, that to the extent it is required, legislation be introduced at the next
legislative session placing on the state-wide ballot for the next election a constitutional
amendment extending the 'Save Our Homes' exemptions and annual assessment increase
relief to residential rental properties which qualify as affordable housing under local,
state or federal affordable housing criteria.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
RESOLUTION NO.
-2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING AMENDMENT TO SECTION 9.5-122 OF THE MONROE
COUNTY CODE PROVIDING FOR FRACTIONAL ROGO ALLOCATIONS
FOR SMALL AFFORDABLE HOUSING UNITS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 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; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of residential unit allocations,
with due consideration to relevant factors such as reduced hurricane evacuation and
carrying capacity impacts attributable to smaller residential units housing fewer
occupants than impacts from larger dwellings; and
WHEREAS, the need for smaller units requiring less land for building footprints
and costing less to construct and maintain, which are therefore more amenable to
construction and maintenance as affordable housing for small households, is real and
urgent; and
WHEREAS, the number of affordable residential unit allocations is extremely
limited and the current application of land development regulations which allocate a full
whole-unit allocation to a newly constructed affordable residence without regard to the
size of the dwelling unit may in many instances discourage the construction of smaller
units that might otherwise be constructed were our affordable unit allocations capable of
being fractionalized; and
WHEREAS, there are recognized economies of scale and land acquisition cost
savings to be realized by developing multiple smaller units on a given site; and
WHEREAS, the Florida Department of Community Affairs has indicated its
receptivity to land development regulation amendments which apply a fractional
allocation methodology with respect to smaller units developed as qualified affordable
housing in the Florida Keys; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that a dwelling
unit constructed for affordable housing with no greater than 750 sq, ft. of enclosed living
area should require a 0.5 ROGO allocation for permitting purposes; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending Section 9,5-122. Residential ROGO
Allocations, to add a new subsection (c)(5) to read as set forth in the proposed revision
attached hereto. Should additional amendments to the land development regulations
and/or the Monroe County Comprehensive Plan be necessary to ensure consistency of
this proposed amendment with the Comprehensive Plan, such amendments shall be
simultaneously drafted, considered and presented to the Planning Commission and the
BOCC. The Planning Department shall coordinate such drafting with Task Force
counsel, who depending on Planning Department staff availability, may be required to
actually draft additional provisions.
Section 2: Representatives designated by the Monroe County Workforce
Housing Task Force along with that committee's consultants and counsel shall discuss
the proposed 750 sq, ft, and 0.5 ordinance parameters with the appropriate Florida
Department of Community Affairs personnel prior to presentation to the BOCC for
adoption of a proposed ordinance in order to insure that all relevant concerns are
considered, and that the proposed ordinance parameters and language is adjusted in any
appropriate manner.
Section 3: Representatives designated by the Monroe County Workforce
Housing Task Force along with that committee's consultants and counsel shall advise and
consult with the various municipal planning staffs and governing bodies regarding this
proposed amendment to the land development regulations in order to insure that
municipal concerns and suggestions are considered and that the proposed ordinance
parameters and language is adjusted in any appropriate manner.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
2
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
3
ATTACHMENT
Proposed Fractional Amendment to County Land Development Regulations for
Affordable Housing (underlined italicized language to be added by ordinance):
Sec. 9.5-122. Residential ROGO allocations.
(a) Number of Available Annual Residential ROGO Allocations: The number of
residential ROGO allocations available in each subarea of unincorporated
Monroe County on a yearly basis shall be as follows:
TABLE INSET:
Subarea ~umber of dwelling units total
Upper Keys 1
Middle Keys ~1
ower Keys 115
olal ~27
(1) Yearly residential ROGO allocation ratio: Each subarea shall have its
number of market rate and affordable housing residential ROGO allocations
available per ROGO year determined by the following formula:
i. Market rate residential ROGO allocations available in each subarea is
equal to the yearly number of available residential ROGO allocations in
each subarea, multiplied by the percentage of the market rate residential
ROGO allocations,
ii. Affordable housing residential ROGO allocations available in each
subarea is equal to the yearly number of available residential ROGO
allocations in each subarea, multiplied by the percentage of affordable
housing residential ROGO allocations,
(2) Quarterly residential ROGO allocation ratio: Each subarea shall have its
number of market rate and affordable housing residential ROGO allocations
available per ROGO quarter determined by the following formula:
4
i. Market rate residential ROGO allocations available in each subarea
per quarter is equal to the market rate residential ROGO allocations
available in each subarea divided by four (4).
ii. Affordable housing residential ROGO for all four (4) ROGO quarters
shall be made available at the beginning of the first quarter for a ROGO
year.
(b) Ratio of affordable housing RaGa allocations to market rate RaGa allocations: :
Prior to October of each year the county shall set the yearly residential ROGO allocation
ratio, by subarea, for each ROGO year as follows:
(1) Board of county commissioners action required: The planning commission
may recommend that the board of county commissioners adopt a resolution
changing the ratio of affordable housing to market rate ROGO allocations based
upon the recommendations of the planning commission and the planning director
arising from the annual review of ROGO, The yearly ROGO review may include
the following recommendations:
a, Amend the market rate to affordable housing ROGO allocation ratio
for each subarea provided that in no event shall the percentage be less than
twenty (20) percent for affordable housing and where the yearly
percentage increase or decrease shall not exceed thirty (30) percent of the
previous year's ROGO allocations to market rate and affordable housing;
and
b, Provide a portion of the affordable housing ROGO allocations to the
Monroe County Housing Authority for distribution in accordance with an
intergovernmental agreement between the Monroe County Housing
Authority, the Land Authority and Monroe County,
(c) Affordable housing allocation awards and eligibility:
(1) The definition of affordable housing shall be as specified in sections 9.5-
4(A-5) and 9.5-266.
(2) Any portion of the twenty (20) percent allocation not used for affordable
housing at the end of a ROGO year shall be made available for affordable housing
for the next ROGO year,
(3) No affordable housing allocation shall be awarded to an application to be
located within a parcel that receives negative points according to criteria specified
under habitat protection, or threatened or endangered species, or critical habitat
area in section 9.5-122.3(a)(7) or (8) or (9) unless said parcel is located within the
IS-D or UR or URM or URM-L or land use districts.
5
(4) In any allocation period, as defined, the available affordable housing
allocation awards shall be granted in the following proportions:
· very low, low and median incomes, as defined herein, fifty (50) percent.
· moderate income, as defined herein, fifty (50) percent.
(5) AlJTJ/ications for the construction of affordable housinf! units of no greater
than 750 sq. ft. of enclosed /ivin~ area shall require 0.5 of an available affording
housing unit allocation. Unit allocations may be awarded on the fore~oinfl
fractional basis and anv unused fractional allocations shall remain available for
award in accordance with these reJlUlations. Buildinflpermits for subsequent
expansion of the /ivin~ area bevond a total of 750 sq, ft. for dwellin~ units
constructed pursuant to an allocation award granted under this provision shall
not be issued except in accordance with specific authoritv J!ranted under the land
development reJlUlations with reference to this provision.
The planning commission may amend these proportions during any ROGO quarter.
6
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15,2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordabiIity
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 200S, which
meeting was continued to December IS, 200S, it was considered and determined that
certain actions by local governing bodies should be taken without further delay: now
therefore,
BE IT RESOL YED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this committee shall present to the BOCC a
request that the BOCC adopt a resolution substantially in the form attached hereto as
Exhibit "A" directing County staff to draft land development regulations and any
necessary Comprehensive Plan amendments authorizing (1) allowable density for
affordable housing projects to be calculated on a "gross" acreage or parcel sq. footage
basis (versus, for example, calculation on a "net" of "open space" or other similar basis),
and (2) density bonuses of up to fifty percent (SO%) calculated on the number of
affordable units otherwise allowable on a developable parcel.
Section 2: It is resolved that this committee shall present to the BOCC a
request that the BOCC adopt a resolution substantially in the form attached hereto as
Exhibit "A" directing County staff to submit to the Planning Commission for immediate
public hearing the draft land development regulation previously transmitted to the BOCC
by this Task Force relating to Fractionalized ROGO allocations for affordable housing
units containing 7S0 sq. feet or less of living area, as well as any necessary
Comprehensive Plan amendments.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the ISth day of
December,200S,
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES
NO
ABSENT
Chairman Reggie Paros
Maureen Lackey
B ill Loewy
x
x
x
YES NO ABSENT
Donna Windle X
Dave Boerner X
Tim Koenig X
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt X
Jim Saunders X
Approved as to form:
tTe-,.,., (]fI/urQlf
Task Force Attorney
2
RESOLUTION NO.
-2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING AMENDMENT TO THE MONROE COUNTY CODE ALLOWING
GROSS PARCEL SIZE CALCULATIONS AND DENSITY BONUSES FOR
AFFORDABLEIWORKFORCE HOUSING; DIRECTING REQUIRED
RELATED COMPREHENSIVE PLAN AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce Housing Task Force made up of members from throughout the Florida Keys
to address critical housing affordabiIity issues facing the Florida Keys; and
WHEREAS, the State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordabiI ity) 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, there are recognized economies of scale and land acquisition cost
savings to be realized by developing multiple units on a given site; and
WHEREAS, measures including appropriate density bonuses/authority for "gross
area" density calculations for parcel size relating to affordable housing projects is
necessary to provide economic incentives for land owners to use the few remaining
developable parcels in the Florida Keys for affordable housing; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section I: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending the County's land development
regulations and making any necessary Comprehensive Plan amendments authorizing (1)
allowable density for affordable housing projects to be calculated on a "gross" acreage or
parcel sq. footage basis (versus, for example, calculation on a "net" of "open space" or
other similar basis), and (2) density bonuses of up to fifty percent (50%) calculated on the
number of affordable units otherwise allowable on a developable parcel.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15, 2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 2005, which
meeting was continued to December 15, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, the Task Force has been advised that the City of Islamorada has
recently increased or otherwise moved to increase allowable density for proposed
development of affordable/workforce housing units on buildable lots where zoning
previously restricted development to the construction of a single market rate or affordable
dwelling unit; and
WHEREAS, the Task Force finds that the type of zoning change as recently
undertaken by the City of Islamorada is of the nature that will, when combined with other
measures, be required to comprehensively address the County's affordable/workforce
housing needs; and
WHEREAS, the Task Force deems it advisable that the BOCC consider
increasing allowable density for buildable lots where the current number of residential
dwelling units is limited to one (1) unit, where the proposed development is restricted to
affordable/workforce housing units,
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the BOCC consider
directing Planning Department staff to draft proposed amendments to the land
development regulations and, where necessary any required Comprehensive Plan
amendments, increasing allowable density for buildable lots where the current number of
allowable residential dwelling units is limited to one (1) unit, in cases where proposed
development or redevelopment of the subject lot is restricted to affordable/workforce
housing units,
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its December 2005 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 15th day of
December, 2005.
.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES
Chairman Reggie Pares X
Maureen Lackey
Bill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt
Jim Saunders X
NO ABSENT
X
X
X
Approved as to form:
if,,"? eqluratr
Task Force Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING AMENDMENT TO THE MONROE COUNTY CODE ALLOWING
DENSITY INCREASE FOR SINGLE UNIT ZONED LOTS FOR AFFORDABLE
HOUSING; DIRECTING REQUIRED RELATED COMPREHENSIVE PLAN
AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of available land for
affordable/workforce housing uses, including single lots; and
WHEREAS, there are recognized economies of scale and land acquisition cost
savings to be realized by developing multiple units on a given site, including lots upon
which current land development regulations permit the construction of only a single
dwelling unit, affordable or otherwise; and
WHEREAS, measures including appropriate density changes relating to small
two- and three- unit affordable housing projects is necessary to provide economic
incentives for land owners to use the few remaining developable parcels in the Florida
Keys for affordable housing; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending the County's land development
regulations and any necessary Comprehensive Plan amendments increasing allowable
density for buildable lots where the current number of allowable residential dwelling
units is limited to one (1) unit, where proposed development or redevelopment of the
subject lot is restricted to affordable/workforce housing units,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15, 2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 2005, which
meeting was continued to December 15, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, the Task Force deems the extreme scarcity of remammg
immediately "buildable" lots upon which affordable/workforce housing can be
constructed under current regulations to amply justify increasing incentives for donation
of such lots to the County for use as affordable/workforce housing sites; and
WHEREAS, the Task Force deems it advisable that the number of ROGO points
awarded for donations of buildable lots to the County from applicants for market-rate
ROGO allocation awards should be adjusted to provide stronger incentives for applicants
to acquire and donate immediately and truly "buildable" lots to the County,
BE IT RESOL YED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the BOCC consider
adjusting the point system to permit an award of six (6) points (in contrast to the current
two (2) points) for the donation to the County of a "ROGO-lot" upon which no negative
environmental conditions or other factors would otherwise prevent the immediate
construction of an affordable/workforce housing unit by a qualified owner/developer,
For donated parcels upon which more than a single unit of affordable/workforce housing
can immediately be constructed, the donor should receive six (6) points for each such unit
that could be built on the donated parcel. The ROGO or scoring points should be
bankable, transferable and capable of being used to obtain an award for an allocation in
any Monroe County planning subarea.
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its December 2005 meeting,
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 15th day of
December, 2005.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES NO ABSENT
Chairman Reggie Paros X
Maureen Lackey X
Bill Loewy X
Donna Windle X
Dave Boerner X
(abstain)
Tim Koenig X
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt X
Jim Saunders X
A15T: Stacy DeVane
!<:; ~ ~ to. uJ A-.<
Recordi Secretary
Approved as to form:
rl"u-,., (}glurfJl(
Task Force Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING AMENDMENT TO THE MONROE COUNTY CODE TO GRANT
MORE ROGO POINTS FOR LOT DONATIONS WHERE DONATED LOTS
ARE IMMEDIATELY USEABLE FOR AFFORDABLEIWORKFORCE
HOUSING; DIRECTING RELATED REQUIRED COMPREHENSIVE PLAN
AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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, currently ROGO lot donations grant just two points for each lot
regardless of whether a donated lot is immediately buildable, for example, because of
existing negative environmental or other factors; and
WHEREAS, additional incentives for the donation of immediately buildable lots
for ROGO points should be provided incentives so that the County can acquire such lots
as soon as possible through the ROGO-lot donation program; and
WHEREAS, measures including appropriate land development and
comprehensive plan changes will be required to put such incentives in place, and the
Monroe County Workforce Housing Task Force has requested that the County pursue
such measures; and
WHEREAS, based upon recommendations of the Task Force and upon the
consideration and finding of this Board that these recommendations are sound and merit
immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending the County's land development
regulations and also any necessary Comprehensive Plan amendments adjusting the point
system to permit an award of six (6) points (in contrast to the current two (2) points) for
the donation to the County of a "ROGO-lot" upon which no negative environmental
conditions or other factors would otherwise prevent the immediate construction of an
affordable/workforce housing unit by a qualified owner/developer, For donated parcels
upon which more than a single unit of affordable/workforce housing can immediately be
constructed, the donor should receive six (6) points for each such unit that could be built
on the donated parcel. The RaGa or scoring points should be bankable, transferable and
capable of being used to obtain an award for an allocation in any Monroe County
planning subarea.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15, 2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 2005, which
meeting was continued to December IS, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, the Task Force deems certain existing standards for
affordable/workforce housing development and for determining eligibility for occupancy
generally satisfactory and should prove workable in the future, though the Task Force
finds a need for certain technical adjustments with respect to unit size; and
WHEREAS, the Task Force deems the Monroe County Housing Authority an
appropriate entity to perform certain monitoring and administrative roles with respect to
the County's expanded role in providing workforce housing; and
WHEREAS, the Task Force deems desirable certain repurchase options and
resale parameters with respect to workforce and affordable housing so as to ensure long-
term viability for workforce/affordable housing resources,
BE IT RESOL VED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section I: It is resolved that this Task Force requests that the BOCC retain
the current Monroe County Code criteria for rental and resale of affordable housing units,
appropriately adjusted per other Task Force recommendations, and that the BOCC
consider applying the same standards, as appropriately adjusted, to workforce housing
units.
Section 2: It is resolved that this Task Force requests that the BOCC consider
adjusting the Monroe County Code sale price formulas to account for the number of
bedrooms contained in a respective unit. The Task Force notes that current formulas sets
a sale price for affordable units that is the same for a one-bedroom unit as it is for a three-
bedroom unit, which negatively affects the incentives for developers to create
affordable/workforce housing units containing more than a single bedroom.
Section 3: It is resolved that this Task Force requests that the BOCC consider
creating a role for the Monroe County Housing Authority for the administering and
processing of workforce housing sales and resales, to include determining and monitoring
of initial and continuing income and employment eligibility, compliance with occupancy
restrictions, and compliance with resale price restrictions, The Task Force recognizes
and contemplates that the Housing Authority would be permitted to recover costs
incurred for providing such assistance.
Section 4: It is resolved that this Task Force requests that the BOCC consider
requiring that for all affordable/workforce housing created in the future there be reserved
in appropriate deed restrictions a right of first refusal in favor of Monroe County, or its
designee, to purchase affordable/workforce housirig offered for sale at the lawfully
established offering price, for a period of no less than ninety (90) days from the date an
owner notifies the County or its designee of the owner's desire to sell a property
containing affordable/workforce housing. In the event that the County or its designees do
not elect to purchase a unit pursuant to such right of first refusal, the owner of property
containing affordable/workforce housing units should be free to sell the property to
buyers otherwise qualified to own such property and subject to all other
affordable/workforce housing covenants of record.
Section 5: It is resolved that this Resolution be presented to the BOeC for
consideration at its December 2005 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 15th day of
December, 2005.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES
Chairman Reggie Paros X
Maureen Lackey
B ill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig X
John Dolan-Heidinger X
Carol Fisher X
Ed Swift X
Brian Schmitt
Jim Saunders X
NO ABSENT
X
X
2
A'ITEST: Stacy DeVane
(}
J'I~e--~ h.. AWh.L
Recordi~ ' Secretary
Approved as to form:
V""'f (Jolurf1.f
Task Force Attorney
~'_....
~.....'"
-
3
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
CONTINUING SALE PRICE AND RENTAL FORMULAS FOR
AFFORDABLEIWORKFORCE HOUSING UNITS BUT DIRECTING
AMENDMENT TO THE MONROE COUNTY CODE RELATING TO NUMBER
OF BEDROOMS; DIRECTING REQUIRED RELATED COMPREHENSIVE
PLAN AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of residential unit allocations,
with due consideration to relevant factors such as the greater costs associated with
providing larger multi-bedroom affordable units vis-a-vis smaller one-bedroom or
efficiency units; and
WHEREAS, there are recognized needs for affordable units of varying sizes that
can accommodate families of different sizes (i,e., number of bedrooms/baths); and
WHEREAS, the Monroe County code sale and rental regulations for affordable
units do not differentiate between the number of bedrooms contained in a unit, leading to
less incentives for developers to provide multi-bedroom units; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; 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 while the current pricing formula
governing sale and resale for affordable housing units is appropriate and should be
continued, the Monroe County Planning Department shall present to the Monroe County
Planning Commission for public hearing at the soonest opportunity a proposed ordinance
amending the County's land development regulations and any necessary Comprehensive
Plan amendments adjusting the sale and resale formula for affordable housing units to
reflect the greater cost in providing multi-bedroom units as opposed to one-bedroom or
efficiency units,
, PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING CONSIDERATION OF AMENDMENTS TO THE MONROE
COUNTY CODE ESTABLISHING AN ONGOING ROLE FOR THE MONROE
COUNTY HOUSING AUTHORITY IN ADMINISTERING AND MONITORIING
PRIV A TEL Y -OWNED AFFORDABLE HOUSING SALES AND RENTALS;
DIRECTING REQUIRED RELATED COMPREHENSIVE PLAN
AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of residential unit allocations,
with due consideration to effective and efficient ongoing oversight and administration of
affordable housing assets, both publicly-owned and private; and
WHEREAS, there are recognized economies of scale and increased effectiveness
where oversight and administrative roles are assigned to organizations that have
experience and staffing suitable to providing effective and efficient monitoring and
administration of affordable housing resources, both public and private; and
WHEREAS, the Monroe County Housing Authority is an agency with
experience and staffing suitable to providing a greater role in affordable housing resource
monitoring and administration, including that relating to privately-owned affordable
housing; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; 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 the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending the County's land development
regulations and any necessary Comprehensive Plan amendments creating a role for the
Monroe County Housing Authority for the administering and processing of
workforce/affordable housing sales, resales and rentals, to include determining and
monitoring of initial and continuing income and employment eligibility, compliance with
occupancy restrictions, and compliance with resale price and rental rate restrictions.
Such regulations shall permit the Housing Authority to recover costs incurred for
providing such assistance,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
DIRECTING CONSIDERATION OF AMENDMENTS TO THE MONROE
COUNTY CODE ESTABLISHING IN FAVOR OF MONROE COUNTY OR ITS
DESIGNEE RIGHTS OF FIRST REFUSAL FOR PURCHASE FOR ALL
FUTURE WORKFORCE/AFFORDABLE HOUSING UNITS; DIRECTING
REQUIRED RELATED COMPREHENSIVE PLAN AMENDMENTS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of residential unit allocations,
including implementation of effective long-term preservation mechanisms, including but
not limited to putting in place rights of first refusal in favor of the County with respect to
resales of affordable housing assets; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance amending the County's land development
regulations and proposing any necessary Comprehensive Plan amendments requiring that
for all affordable/workforce housing created in the future there be reserved in appropriate
deed restrictions a right of first refusal in favor of Monroe County, or its designee, to
purchase affordable/workforce housing offered for sale at the lawfully established
offering price, for a period of no less than ninety (90) days from the date an owner
notifies the County or its designee of the owner's desire to sell a property containing
affordable/workforce housing, In the event that the County or its designee does not elect
to purchase property offered to it pursuant to such right of first refusal, the owner of such
property should be free to sell the property to buyers otherwise qualified to own such
property and subject to all other affordable/workforce housing covenants of record.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006,
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15, 2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 200S, which
meeting was continued to December IS, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, the Task Force deems it advisable that the award of
affordable/workforce housing unit allocations to applicants desiring to develop
affordable/workforce housing units be (1) reserved for the applicant's use once awarded
for a sufficient period of time to allow for permitting and arranging for fmancing of the
proposed development, and (2) subjected to a "diligent progress" requirement for
allocation award recipients relating to the completion of a proposed development so that
reserved allocations are not inappropriately withheld from other applicants who have the
means to more quickly construct and otherwise deliver for occupancy an equivalent
number of affordable/workforce units,
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section I: It is resolved that this Task Force requests that the BOCC consider
implementation of a system which requires that a developer of an affordable/workforce
housing unit complete construction of all units to the point of readiness for occupancy
within two (2) years of the initial award or reservation of an award of
affordable/workforce housing dwelling unit allocations to the developer. The Task Force
believes that upon resolution of the BOCC, for good cause for delay shown, and upon
satisfactory demonstration of otherwise diligent progress towards project completion, a
developer should be entitled to receive an extension of up to one (1) year to complete and
its project.
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its December 2005 meeting,
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the ISth day of
December, 200S.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES
Chairman Reggie Paros X
Maureen Lackey
Bill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig
John Dolan-Heidinger X
Carol Fisher X
Ed Swift X
Brian Schmitt
Jim Saunders X
NO ABSENT
X
x
X
/
ATTEST: Stacy DeVane
f' '
Jra~ )" &tJdA<<-
Record' Secretary
Approved as to form:
VN-I"' (j(//urQK
Task Force Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING THE AWARD OF AFFORDABLE/WORKFORCE HOUSING
ALLOCATIONS ON A "READY TO PROCEED" BASIS AND ESTABLISHING
POLICIES RELATING TO RESERVATION OF ALLOCATIONS PENDING
CERTIFICATE OF OCCUPANCY
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive polices regarding the award of
affordable/workforce unit allocations, with due consideration being given to relevant
factors such as the capacity for allocation recipients to promptly transform allocation
awards/reservations into finished and occupied affordable/workforce housing units, and
for any tendency for recipients to "bank" allocations even where the recipients may be
unable to complete unit(s) on a reasonably prompt basis; and
WHEREAS, consideration must as well be given to factors such as individual
developers' investments and commitments to embarking upon affordable/workforce
housing projects, in the face of the time it takes to fully permit and finance a project, and
the developers' legitimate needs for some assurance that allocations are in fact and will
remain available and/or reserved for a reasonable time so that follow-through on initial
commitments will in fact be justified; and '
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The County Administrator shall have the Monroe County Planning
Department present to the Monroe County Planning Commission for public hearing at the
soonest opportunity a proposed ordinance implementing a system which requires that a
developer of an affordable/workforce housing unit complete construction of all units to
the point of readiness for occupancy within two (2) years of the initial award or
reservation of an award of affordable/workforce housing dwelling unit allocations to the
developer. The ordinance shall provide that upon resolution of the BOCC, for good
cause for delay shown, and upon satisfactory demonstration of otherwise diligent
progress towards project completion, a developer should be entitled to receive an
extension of up to one (1) year to complete its project.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15,2005
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 2005, which
meeting was continued to December 15, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, since Monroe County needs to provide housing for working
families who are contributing to the economy through gainful employment in Monroe
County, all units of workforce housing units created must be preserved for families
working in Monroe County; and
WHEREAS, the Task Force believes one of the best means to ensure long-term
accountability for expenditures of public funds for workforce housing and to guarantee
appropriate stewardship of resulting publicly-financed housing resources is permanent
public ownership of the underlying land upon which workforce housing units are created,
BE IT RESOL YED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the BOCC consider
requiring for all rental or ownership workforce housing projects receiving Monroe
County financial subsidies, that (1) the underlying land upon which workforce housing
units are created should be owned by Monroe County or its designee, (2) in appropriate
cases there may be nominal (e.g., $lIyear) leasebacks of property to owners/developers,
and (3) all deed restrictions as to affordability, workforce uses and occupancy should be
designed to insure that the relevant restrictive covenants run in perpetuity. The Task
Force believes that the granting of an affordable or workforce ROGO allocation to a
property owner/developer, in and of itself, without public financial assistance, should not
be deemed a "subsidy" for purposes of the public ownership requirement set forth in
subsection (1), above.
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its December 2005 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 15th day of
December, 2005,
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES
Chairman Reggie Paros X
Maureen Lackey
Bill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig X
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt
Jim Saunders X
NO ABSENT
X
X
Approved as to form:
J~ (jplura/(
Task Force Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING PUBLIC OWNERSHIP OF UNDERLYING LAND FOR ALL
FUTURE WORKFORCE/AFFORDABLE HOUSING PROJECTS DEVELOPED
WITH COUNTY FINANCIAL ASSISTANCE
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) recognize the need for affordable housing throughout the state and
particularly in the Florida Keys where developable land for housing is extremely limitt(d
and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsible use of public funds, including
implementation of effective long-term preservation mechanisms, including but not
limited to ensuring public ownership of the underlying land upon which
affordable/workforce housing is developed through use of public financial assistance; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: For all rental or ownership workforce housing projects receiving
Monroe County financial subsidies, (1) the underlying land upon which workforce
housing units are created should be owned by Monroe County or its designee, (2) in
appropriate cases there may be nominal (e,g" $1/year) leasebacks of property to
owners/developers, and (3) all deed restrictions as to affordability, workforce uses and
occupancy should be designed to insure that the relevant restrictive covenants run in
perpetuity, The granting of an affordable or workforce ROGO allocation to a property
owner/developer, in and of itself, without public financial assistance, shall not be deemed
a "subsidy" for purposes of the foregoing public ownership requirement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
DECEMBER 15, 2005
WHEREAS, the Board of County Commissioners ("BaCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 7, 2005, which
meeting was continued to December 15, 2005, the Task Force considered the issue of
locally earned income requirements for occupants of workforce housing; and
WHEREAS, since Monroe County needs to provide housing for working
families who are contributing to the economy through gainful employment in Monroe
County, all units of workforce housing units created must be preserved for families
working in Monroe County,
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the Bacc consider
the following as possible "locally earned income" requirements for tenants and
purchasers of deed-restricted workforce housing in Monroe County:
A. Tenants of all workforce rental housing must receive at
least seventy percent (70%) of their family income from
employment within the County, which income requirement should
be verified on an annual basis.
B. Purchasers of all workforce "ownership" housing units
must receive at least seventy percent (70%) of their family income
from employment within the County at the time of their purchase
of a workforce housing unit. Additionally, in order to remain
eligible to retain ownership of and to reside in their workforce
housing unit into retirement, purchasers of all workforce
"ownership" housing units must for the five (5) years immediately
following their purchase continue to earn at least seventy percent
(70%) of their family income from employment within the County.
Relevant income requirements should be verified on an annual
basis and all workforce "ownership" housing units must at all
times remain "owner occupied" dwelling units,
Section 2: It is resolved that this Resolution be presented to the BaCC for
consideration at its December 2005 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 15th day of
December, 2005.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
A TTEST: Stacy DeVane
.. &j a41.l-
Secretary
Approved as to form:
tleHf tolNKM
Task Force Attorney
2
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY
COMMISSIONERS IMPLEMENTING A 70% LOCALLY
DERIVED GAINFUL EMPLOYMENT INCOME REQUmEMENT IN ORDER
TO QUALIFY TO RENT OR PURCHASE WORKFORCE HOUSING
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing both affordable and workforce housing
opportunities in the Florida Keys is one requiring sensible and responsible use of public
funds and limited ROGO allocations; including implementation of effective long-term
mechanisms to ensure that housing designed to serve the workforce remains available for
use by families working in Monroe County; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force and upon the consideration and finding of this Board that these
recommendations are sound and merit immediate implementation; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: The following "locally earned income" requirements for tenants
and purchasers of deed-restricted workforce housing shall apply in Monroe County, and
Planning Department staff is directed to ensure that relevant land development
regulations reflect such requirements:
A, Tenants of all workforce rental housing must receive at
least seventy percent (70%) of their family income from gainful
employment within the County, which income requirement should
be verified on an annual basis,
B. Purchasers of all workforce "ownership" housing units
must receive at least seventy percent(70%) of their family income
from gainful employment within the County at the time of their
purchase of a workforce housing unit. Additionally, in order to
remain eligible to retain ownership of and to reside in their
workforce housing unit into retirement, purchasers of all workforce
"ownership" housing units must for the five (5) years immediately
following their purchase continue to earn at least seventy percent
(70%) of their family income from gainful employment within the
County. Relevant income requirements should be verified on an
annual basis and all workforce "ownership" housing units must at
all times remain "owner occupied" dwellings.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
AFFORDABLE HOUSING TASK FORCE
October 12, 2005
WHEREAS, the Board of County Commissioners has recently empanelIed this
Affordable Housing Task Force to address critical housing affordability issues facing the
Florida Keys; and
WHEREAS, at meetings of the Task Force on September 28,2005 and on the
date set forth above, it was considered and determined that certain actions by local
governing bodies should be taken without further delay: now therefore,
BE IT RESOLVED BY TIlE MONROE COUNTY AFFORDABLE
HOUSING TASK FORCE that:
Section 1: It is resolved that a designee Member of this committee shall
present to the Monroe County Board of County Commissioners this committee's request
that the BOCC adopt a resolution directing that the County develop proposed
mechanisms to fund affordable housing initiatives, including where required, requests
from the BOCC to the County's state legislators that they introduce at the next legislative
session any bills necessary to create statutory authority for the County to adopt such
funding mechanisms as the BOCC determines are necessary, substantialIy in the form
attached hereto as Exhibit A.
Section 2: It is resolved that counsel shalI circulate the fmal corrected version
of this resolution to Committee Members via email prior to its presentation to the BOCC,
for Members' review as to substantive accuracy. Any Member shalI advise counsel (but
not other Members) if the Member believes that the form of the final resolution contains
any substantial inaccuracy with the measure duly adopted at the October 12 meeting.
The Committee designates Member Bill Loewy to present the foregoing request to the
Monroe County Board of County Commissioners after circulation and an opportunity for
Members to promptly make any comments to counsel.
PASSED AND ADOPTED by the Monroe County Affordable Housing
Task Force at a regular meeting of said committee held at Key Colony Beach on the 12th
day of October, 2005.
Chairman Reggie Paros
Member Maureen Lackey
Member Bill Loewy
Member Donna Windle
Member Dave Boerner
Member Tim Koenig
Member John Dolan-Heitlinger
Member Carol Fisher
YES
X
--
_X_
X
--
X
--
X
--
X
NO
ABSENT
_x_
_x_
Member Ed Swift
Member Brian Schmitt
Member Jim Saunders
ATTEST: Stacy DeVane
Sr1t ~ffijL-L-
Record' Secretary
Approved as to form:
t.TtHf etluraK
Task Force Attorney
x
--
X
--
X
OUNTY AFFORDABLE
ASKF, '7J, E//..
.~
2
EXHIBIT A
Task Force Resolution 10-12-05
RESOLUTION NO.
-2005
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING FUNDING SOURCES FOR ADDRESSING CRITICAL
AFFORDABLE HOUSING NEEDS
WHEREAS, the Board of County Commissioners 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 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; and
WHEREAS, the State of Florida has designated Monroe County and all
municipalities in the Florida Keys as an Area of Critical State Concern for which the
provision of affordable housing is an express matter of critical state concern; and
WHEREAS, the comprehensive plans of Monroe County and each municipality
in the County require addressing of affordable housing needs and the BOCC's adoption
of funding mechanisms for affordable housing initiatives is consistent with the respective
comprehensive plans; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one requiring dedicated funding sources; and
WHEREAS, an essential challenge facing local government in addressing
housing affordability is the rapid and continuing rise in real property values in the Florida
Keys; and
WHEREAS, a variety of potential mechanisms are potentially available to
underwrite local government costs for land acquisition, construction and administration
of affordable housing programs; and
WHEREAS, the County desires to institute one or more mechanisms to raise
funds for use in addressing the affordable housing crisis; and
WHEREAS, one or more of these mechanisms require statutory authority in
order for the County to raise revenue through such mechanisms; and
WHEREAS, the County has determined that securing a dedicated funding source
for use in addressing critical affordable housing needs would further the public good and
general welfare of County residents and strengthen the local economy; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
EXHIBIT A
Task Force Resolution 10-12-05
Section 1: It is resolved by the BOCC that this Commission hereby directs
that the County Administrator, County Attorney and County staff under the
Administrator's direction, and including where appropriate assistance from the County's
Affordable Housing Task Force and its staff, develop for this Commission a variety of
funding proposals the revenues from which are to be used exclusively to address
affordable housing initiatives. Proposed mechanisms shall include among them, though
they need not be limited to:
. authorization and adoption of a (or an additional) local option sales tax
. authorization and adoption of an additional "one-penny' to the Tourist
Development ("Bed") Tax
. reallocation of existing Tourist Development ("Bed") Tax revenues
. new or additional impact, user or linkage fees
. authorization and adoption of a real estate transfer tax
To be included among the proposals, where appropriate, shall be draft requests to the
County's state legislators that they introduce in the next legislative session one or more
bills authorizing Monroe County to adopt requested mechanisms that require statutory
authorization,
Section 2: It is resolved by the BOCC that any adopted and authorized
mechanisms shall provide that all revenues derived shall be exclusively held and used for
the purposes of funding affordable housing initiatives including, but not limited to, land
and development rights acquisition, funding construction and rehabilitation of dwelling
units and related infrastructure and amenities, financing and providing of financial
assistance to qualified landlords, tenants, developers and owners of affordable housing
resources, as well as ongoing program administration, with authority to bond and share
revenues with Monroe County municipalities, the Monroe County School Board and
other local government agencies for the same uses, and for no other purposes,
Section 3: It is resolved by the BOCC that any adopted and authorized
mechanisms shall provide for their periodic review by this Commission or its designee of
the uses to which revenues have been and are contemplated to be allocated, including
flexibility for this Commission's reprioritization among allowable uses.
PASSED AND ADOPTED by the board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board held on the _ th day of
October, 2005.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
2
EXHIBIT A
Task Force Resolution 10-12-05
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
3
RESOLUTION NO.
-2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING FUNDING SOURCES FOR ADDRESSING CRITICAL
AFFORDABLE/WORKFORCE HOUSING NEEDS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 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; and
WHEREAS, the State of Florida has designated Monroe County and all
municipalities in the Florida Keys as an Area of Critical State Concern for which the
provision of affordable housing is an express matter of critical state concern; and
WHEREAS, the comprehensive plans of Monroe County and each municipality
in the County require addressing of affordable housing needs and the BOCC's adoption
of funding mechanisms for affordable housing initiatives is consistent with the respective
comprehensive plans; and
WHEREAS, the challenge of providing affordable housing opportunities in the
Florida Keys is one requiring dedicated funding sources; and
WHEREAS, an essential challenge facing local government in addressing
housing affordability is the rapid and continuing rise in real property values in the Florida
Keys; and
WHEREAS, a variety of mechanisms are potentially available to underwrite
local government costs for land acquisition, construction and administration of affordable
housi.ng programs; and
WHEREAS, the County desires to institute one or more mechanisms to raise
funds for use in addressing the affordable housing crisis; and
WHEREAS, one or more of these mechanisms requires statutory authority in
order for the County to raise revenue through such mechanisms; and
WHEREAS, the County has determined that securing a dedicated funding source
for use in addressing critical affordable housing needs would further the public good and
general welfare of County residents and strengthen the local economy; now therefore,
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: This Commission hereby directs that the County Administrator,
County Attorney and County staff, under the Administrator's direction, and including
where appropriate, assistance from the County's Workforce Housing Task Force and its
staff, develop for this Commission a variety of funding proposals the revenues from
which are to be used exclusively to address affordable housing initiatives. Proposed
mechanisms shall include among them, though they need not be limited to:
. authorization and adoption of a (or an additional) local option sales tax
. authorization and adoption of an additional "one-penny' to the Tourist
Development ("Bed") Tax
. reallocation of existing Tourist Development ("Bed") Tax revenues
. new or additional impact, user or linkage fees
. authorization and adoption of a real estate transfer tax
To be included among the proposals, where appropriate, shall be draft requests to the
County's state legislators that they introduce in the next legislative session one or more
bills authorizing Monroe County to adopt requested mechanisms that require statutory
authorization.
Section 2: It is resolved by the BOCC that any adopted and authorized
mechanisms shall provide that all revenues derived shall be exclusively held and used for
the purposes of funding affordable housing initiatives including, but not limited to, land
and development rights acquisition, construction and rehabilitation of dwelling units and
related infrastructure and amenities, financing and financial assistance to qualified
landlords, tenants, developers and owners of affordable housing resources, ongoing
program administration, with authority to bond and share revenues with Monroe County
municipalities, the Monroe County School Board and other local government agencies
for the same and for no other purposes,
Section 3: It is resolved by the BOCC that any adopted and authorized
mechanisms shall provide for their periodic review by this Commission or its designee of
the uses to which revenues have been and are contemplated to be allocated, including
flexibility for this Commission's reprioritization among allowable uses.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board held on the 15th day of
February, 2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
2
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
3
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
JANUARY 25, 2006
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on December 2, 2005, which
meeting was continued to December IS, 200S, the Task Force was advised that the
BOCC may direct Planning Department staff to investigate the desirability of entering
into a Chapter 380 agreement with a developer involving the preservation of a trailer park
as affordable housing by allowing transfer of market rate ROGO allocations offsite in
exchange for imposition of permanent affordability covenants at the existing trailer park
site; and
WHEREAS, at a meeting of the Task Force on January 2S, 2006, which meeting
the Task Force considered several clarifications to the language of the recommendations
set forth herein, these having been brought to the attention of drafting counsel and the full
Task Force for final resolution, Now therefore,
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the BOCC consider
the following as possible terms and conditions of guidance for any such Chapter 380
agreements:
A. No more than twenty percent (20%) of yearly or bOITow-
forward affordable dwelling unit allocations, in total, should be
committed as allocations to be exchanged for transferable market
rate units under all such agreements (i.e, if the County has a total
of 3S0 affordable units available for allocation in any given year,
no more than 70 of those units may be committed to exchange
agreements),
B. Any such agreements should require County ownership of
the land upon which permanent affordable dwelling units are
created. In appropriate cases there may be nominal (e,g., $1/year)
lease backs of property to owners/developers.
C. All permanent affordable dwelling units created under any
such agreements should be brought into code and safety
compliance within five (S) years of entering of the relevant
agreements.
D, Under any such agreements the ratio of the number of
market rate dwelling unit allocations transferred offsite to the
number of permanent affordable dwelling units established onsite
should be less than 1/1.
E, Under any such agreements the number of market rate
dwelling unit allocations transferable offsite should not exceed the
actual number of units that could be redeveloped onsite.
F, Under any such agreements market rate dwelling unit
allocations transferable offsite should not be transferable to other
trailer parks.
G. Under any such agreements the minimum livable floor area
for permanent affordable dwelling units established onsite should
be 600 sq. feet.
H. Under any such agreements all rentals of permanent
affordable dwelling units established onsite should be in
compliance with Monroe County affordable rental regulations,
I. Under any such agreements all sales of permanent
affordable dwelling units established onsite should be administered
by the Monroe County Housing Authority,
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its February 15,2006 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 25th day of
January, 2006.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES NO ABSENT
Chairman Reggie Paros X
Maureen Lackey X
B ill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig X
2
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt X
Jim Saunders X
Chairman REGGIE P AROS
ATTEST: Stacy DeVane
Recording Secretary
Approved as to form:
ck,.,., Oolt4lrQl(
Task Force Attorney
3
RESOLUTION NO.
-2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING TRANSFERABLE MARKET RATE ROGO ALLOCATIONS AND
CHAPTER 380 AGREEMENTS WITH TRAILER PARK OWNERS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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 challenge of providing affordable housing opportunities in the
Florida Keys is one requiring sensible and responsive use of residential unit allocations,
with due consideration to effective and efficient preservation of existing de facto
affordable housing stocks, including that located in trailer parks; and
WHEREAS, there may exist, on a case-by-case basis, opportunities whereby the
County may, through Chapter 380 Agreements, work with trailer park owners to secure
deed-restricted affordable/workforce housing redevelopment of entire trailer parks, which
otherwise could be redeveloped as market rate projects; and
WHEREAS, based upon recommendations of the Monroe County Workforce
Housing Task Force in regard to 380 Agreements and trailer park redevelopment and
upon the consideration and finding of this Board that these recommendations are sound
and merit immediate implementation; 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 the following policies shall be
applied to the use of Chapter 380 Agreements for affordable redevelopment of trailer
parks where the County agrees to allow transferable "market rate" ROGO allocations to
be transferred from a trailer park as partial compensation for the trailer park's
redevelopment as affordable/workforce housing:
A. No more than twenty percent (20%) of yearly or borrow-
forward affordable dwelling unit allocations, in total, should be
committed as allocations to be exchanged for transferable market
rate units under all such agreements (i.e. if the County has a total
of 350 affordable units available for allocation in any given year,
no more than 70 of those units may be committed to exchange
agreements).
B. Any such agreements should require County ownership of
the land upon which permanent affordable dwelling units are
created. In appropriate cases there may be nominal (e.g., $1/year)
lease backs of property to owners/developers,
C, All permanent affordable dwelling units created under any
such agreements should be brought into code and safety
compliance within five (5) years of entering of the relevant
agreements.
D. Under any such agreements the ratio of the number of
market rate dwelling unit allocations transferred offsite to the
number of permanent affordable dwelling units established onsite
should be less than 1/1.
E. Under any such agreements the number of market rate
dwelling unit allocations transferable offsite should not exceed the
actual number of units that could be redeveloped onsite.
F, Under any such agreements market rate dwelling unit
allocations transferable offsite should not be transferable to other
trailer parks.
G. Under any such agreements the minimum livable floor area
for permanent affordable dwelling units established onsite should
be 600 sq. feet.
H. Under any such agreements all rentals of permanent
affordable dwelling units established onsite should be 10
compliance with Monroe County affordable rental regulations.
I. Under any such agreements all sales of permanent
affordable dwelling units established on site should be administered
by the Monroe County Housing Authority,
Section 2: It is resolved by the BOCC that the Monroe County Planning
Department shall present to the Monroe County Planning Commission for public hearing
at the soonest opportunity any proposed ordinances amending the County's land
development regulations and any necessary Comprehensive Plan amendments that should
be required to implement Chapter 380 Agreements of the type contemplated herein,
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
3
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
January 25, 2006
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, the Task Force at its January 25, 2006 meeting, discussed currently
existing Monroe County Code Section 9.5-266(a)(8), to wit:
Sec. 9.5-266, Affordable and employee housing; administration.
(a) Affordable and employee housing:
(8) If an affordable or employee housing project or an eligible
commercial apartment(s) designated for employee housing
contain(s) at least five dwelling units, a maximum of twenty (20)
percent of these units may be developed as market rate housing
dwelling units. The owner of a parcel of land must develop the
market rate housing dwelling units as an integral part of an
affordable or employee housing project In order for the market rate
housing dwelling units to be eligible for Incentives outlined in this
section, the owner must ensure that:
a. The use of the market rate housing dwelling unit Is
restricted for a period of at least fifty (50) years to
households that derive at least seventy (70) percent of their
household Income from gainful employment in Monroe
County; and
b. Tourist housing use and vacation rental use of the
market rate dwelling unit is prohibited.
WHEREAS, the Task Force found that the deed-restricted market rate dwelling
unit incentive envisioned for mixed-use affordable housing projects had, to date, not
provided private developer incentives sufficient to induce the development of additional
affordable/workforce housing in the County, due in part to the fact that developers must
obtain the dwelling unit allocations for the deed-restricted market rate units through the
regular market rate ROGO allocation process, even though the units that can be built
under Section 9.5-266(a)(8) must be deed re.stricted to workforce housing use; and
WHEREAS, the Task Force determined that since the deed-restricted market rate
dwelling units (i) were envisioned to be an incentive for private developers, (ii) will be
part of mixed-use affordable housing projects, and (iii) will be deed-restricted to serve
workforce housing needs, developers of such units should be permitted to obtain ROGO
allocations from the affordable/workforce housing ROGO allocation pool; now therefore
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section 1: It is resolved that this Task Force requests that the BOCC direct
that amendments to the County's land development regulations and, if required, the
Comprehensive Plan be drafted to permit development of deed-restricted workforce
market rate housing under Monroe County Code Section 9,5-266(a)(8) through the use of
affordable/workforce housing ROGO allocations,
Section 2: It is resolved that this Resolution be presented to the BOCC for
consideration at its February 15, 2006 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held atKey Colony Beach on the 25th day of
January, 2006.
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES NO ABSENT
Chairman Reggie Paros X
Maureen Lackey X
B ill Loewy X
Donna Windle X
Dave Boerner X
Tim Koenig X
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt X
Jim Saunders X
Chairman REGGIE P AROS
ATTEST: Stacy DeVane
2
Recording Secretary
Approved as to form:
ife,,.,., (JufMf((Q(
Task Force Attorney
3
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING DEED-RESTRICTED MARKET RATE UNITS DEVELOPED
AS PART OF AFFORDABLE/WORKFORCE HOUSING PROJECTS
PURSUANT TO MONROE COUNTY CODE SECTION 9.5-266(a)(8)
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 State of Florida and all local governments in the Florida Keys
(each subject to Area of Critical State Concern mandates relating to housing
affordability) 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, additional incentives for private developers of affordable/workforce
housing should be provided so that more affordable/workforce units are built in the
County; and
WHEREAS, measures including modification of existing but ineffective land
development regulation incentives will be required to put more housing in place, and the
Monroe County Workforce Housing Task Force has requested that the County pursue
such measures; and
WHEREAS, the Task Force has found that the deed-restricted market rate
dwelling unit incentive envisioned for mixed-use affordable housing projects and
codified under Section 9.5-266(a)(8) has, to date, not induced private developers to
develop additional affordable/workforce housing in the County, due in part to the fact
that developers must obtain the dwelling unit allocations for any deed-restricted market
rate units through the regular market rate ROGO allocation process, even though the units
that can be built under Section 9,5-266(a)(8) must be deed-restricted to workforce
housing use; and
WHEREAS, based upon recommendations of the Task Force and upon the
consideration and finding of this Board that these recommendations are sound and merit
immediate implementation; 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 the County Administrator shall
direct the Planning Department to prepare amendments to the County's land development
regulations and, if required, amendments to the Comprehensive Plan to permit
development of deed-restricted workforce market rate housing under Monroe County
Code Section 9,5-266(a)(8) through the use of affordable/workforce housing RaGa
allocations.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006,
Mayor McCoy
Mayor Pro Tern Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
A TTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
A RESOLUTION OF THE MONROE COUNTY
WORKFORCE HOUSING TASK FORCE
January 25, 2006
WHEREAS, the Board of County Commissioners ("BOCC") has recently
empanelled this Workforce Housing Task Force to address critical housing affordability
issues facing the Florida Keys; and
WHEREAS, at a meeting of the Task Force on September 28, 2005, the Task
Force requested that the BOCC direct County staff to provide support to Task Force to
the maximum extent possible in its efforts to develop a regional approach to addressing
the affordable housing crisis, including but not limited to providing data and analysis of
current housing needs, inventory, trends and regulations; and
WHEREAS, at its September 28, 2005 meeting, the Task Force requested that
the BOCC direct the County Administrator to direct County staff to provide to the Task
Force secretary for dissemination to Task Force members compendium copies of all
affordable and workforce housing inventories, lists of deed restricted properties, current
forms of affordable housing applications and deed restrictions, applicable affordable
housing regulations and proposed regulations; and
WHEREAS, at its September 28, 2005 meeting, the Task Force also requested
that the BOCC direct the County Administrator to direct planning staff to set up a
working group (preferably with County and municipal planning directors with legal
support provided by Task Force counsel if desired) to help the Task Force coordinate
development of regional approaches and strategies, to include but not be limited to
providing relevant data and analysis, drafting of revisions and amendments to land
development regulations and comprehensive plans, and drafting of proposed interlocal
agreements designed to implement regional affordable housing strategies; and
WHEREAS, the Task Force at its January 25, 2006 meeting, reiterated its
recognition that both County and municipal planning and legal staffs are currently
overburdened and understaffed; this situation itself having been previously recognized by
the Task Force as being due in significant part to the inability for local governments to
recruit and retain staff due to the lack of affordable housing for such personnel; and
WHEREAS, the Task Force considered the issue of the work it has done so far,
including the substantial workload that would be imposed upon current County staff, both
planning and legal, were the BOCC to follow through with a significant number of the
Task Force's recommendations, including those tasks referenced above and also the
drafting involved with the Task Force's suggested changes to the County's land
development regulations and comprehensive plan; and
WHEREAS, the Task Force has spent considerable time and put much
consideration into its recommendations and feels that the urgency o(the housing crisis
requires that prompt legislative drafting of proposed regulations which the BOCC
ultimately deems meritorious, and also diligent shepherding of any resulting legislation to
final adoption is essential; and
WHEREAS, the Task Force feels it has been well served by the County's
Housing & Community Development staff, and also its assigned legal counsel and
outside consultants, and the Task Force believes these parties could help insure that any
proposed changes approved by the BOCC are implemented on a timely basis; now
therefore,
BE IT RESOLVED BY THE MONROE COUNTY WORKFORCE
HOUSING TASK FORCE that:
Section I: It is resolved that this Task Force requests that the BOCC consider
all ofthe Task Force's recommendations, and for all those recommendations in which the
BOCC ultimately finds merit, and which the BOCC desires to pursue, that the BOCC
authorize and direct Task Force counsel and outside consultants to work together within
their particular areas of expertise to put all such recommendations into full force and
effect, through ordinance and comprehensive plan drafting, presentation to the Planning
Commission, the BOCC and the DCA, to and including representation in any hearings or
proceedings related thereto.
Section 2: It is resolved that the Task Force shall request that the BOCC
authorize the Task Force to meet from time to time, as it determines advisable, in order to
review the progress on the foregoing taskings, and to advise and guide Task Force
counsel and consultants regarding same, and also to report to the BOCC as the Task
Force deems appropriate.
Section 3: It is resolved that this Resolution be presented to the BOCC for
consideration at its February 15, 2006 meeting.
PASSED AND ADOPTED by the Monroe County Workforce Housing Task
Force at a regular meeting of said committee held at Key Colony Beach on the 25th day of
January, 2006,
MONROE COUNTY WORKFORCE HOUSING TASK FORCE
YES NO ABSENT
Chairman Reggie Paros X
Maureen Lackey X
B ill Loewy X
Donna Windle X
2
Dave Boerner X
Tim Koenig X
John Dolan-Heitlinger X
Carol Fisher X
Ed Swift X
Brian Schmitt X
Jim Saunders X
Chairman REGGIE P AROS
A TTEST: Stacy De Vane
Recording Secretary
Approved as to form:
tle."7 Og!t4trQl(
Task Force Attorney
3
RESOLUTION NO. -2006
A RESOLUTION OF THE MONROE BOARD OF COUNTY COMMISSIONERS
REGARDING CONTINUED AUTHORIZATION FOR COUNSEL AND
CONSULTANT ASSISTANCE IN IMPLEMENTING ACCEPTED
WORKFORCE HOUSING TASK FORCE RECOMMENDATIONS
WHEREAS, the Board of County Commissioners has recently empanelled a
Workforce 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 Task Force has reported on the work it has done so far,
including the substantial workload that might be imposed upon current County staff, both
planning and legal, were the BOCC to follow through with a significant number of the
Task Force's recommendations, including the drafting involved with the Task Force's
suggested changes to the County's land development regulations and comprehensive
plan; and
WHEREAS, the Task Force has spent considerable time and put much
consideration into its recommendations and has reported to the BOCC that it feels that the
urgency of the housing crisis requires that prompt legislative drafting of proposed
regulations which the BOCC ultimately deems meritorious, as well as diligent
shepherding of any resulting legislation to final adoption, is essential; and
WHEREAS, the Task Force reports that it has concerns about tasking County
and municipal planning and legal staff with additional workload arising out of the Task
Force's recommendations; and
WHEREAS, the Task Force reports that it has been well served by the County's
Housing & Community Development staff, and also its assigned legal counsel and
outside consultants, and the Task Force believes these parties could help insure that any
proposed changes approved by the BOCC are implemented on a timely basis, and has
therefore recommended that these parties be retained for implementation purposes; and
WHEREAS, based upon recommendations of the Task Force and upon the
consideration and finding of this Board that these recommendations are sound and merit
immediate implementation; now therefore,
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that:
Section 1: For all Task Force recommendations in which the BOCC
ultimately finds merit, and which the BOCC desires to pursue, the County Administrator
shall authorize and direct Task Force counsel and outside consultants to work together
within their particular areas of expertise to put all such recommendations into full force
and effect, through ordinance and comprehensive plan drafting, presentation to the
Planning Commission, the BOCC and the DCA, to and including representation in any
hearings or proceedings related thereto.
Section 2: It is resolved that the Task Force shall be authorized and
encouraged to meet from time to time, as the Task Force determines advisable, in order to
review the progress on the foregoing taskings, and to advise and guide Task Force
counsel and consultants regarding same, and also to report to the BOCC as to any matters
the Task Force deems appropriate.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 15th day of February,
2006.
Mayor McCoy
Mayor Pro Tem Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor CHARLES "SONNY" McCOY
ATTEST: Danny L. Kohlage, Clerk
Deputy Clerk
Approved as to form:
County Attorney
2
Mayor Pro Tern Murray E. Nelson
Darnaron Building, Suite 2
99198 Overseas Highway
Key Largo, FL 33037
Phone (305) 852-7175
Fax (305) 852-7162
Ernail: boccdis5@rnonroecounty-fl.20V
(~.,.,---
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Dixie M. Spehar, District 1
David P. Rice, District 4
OK~~rY ~o~~~~E
(305) 294-4641
STEPS TAKEN TO SOLVE THE WORKFORCE
HOUSING CRISIS IN MONROE COUNTY
1. Insure that the County Commission has the political will to accomplish the mission.
2. Created a funding source by using an impact fee on all development and redevelopment
over $500,000 total cost of the project. This includes residential and commercial
properties.
3. It is the policy of the BOCC to own all the land that workforce housing is built on to
insure the county controls the process. The exception would be FKAA, FKEC, Keys
Energy, and similar non-profits.
4. To require that all persons applying for workforce housing receive 70% of their income
from within Monroe County. Transfer payments would not qualify.
5. Require that all sold units be given a 99-year lease. When that lease expires or the
owner wishes to move, the unit must be sold back to the Monroe County Housing
Authority at 3 % of the selling price times the number of years leased. This will insure
that owned properties will become cheaper than like market rate properties as the years
pass.
6. Allow developers who own land to sell their land to the county for 65% of appraised
value and allow that developer to build the project without public bid. The developer
must still sell the home for 120% or 160% of median income. This will insure that
Monroe County can acquire enough land to solve the workforce housing crisis.
STEPS TAKEN TO SOLVE THE WORKFORCE
HOUSING CRISIS IN MONROE COUNTY
Page 2
7. To allow over density ROGO's on trailer parks to transfer these excess ROGO's to
sender sites. This will insure that trailer parks will be redeveloped into workforce
housing instead of market rate.
8. Continue to buy land for Habitat for Humanity to insure that these groups can build
housing for low and middle income working families.
9. Cooperate with and provide affordable housing credits to FKAA, FKEC, Keys Energy
and other non-profits to provide workforce housing for their employees without cost to
the county. This strategy will insure that the workforce housing crisis will be solved at
an earlier date.
Murray E. Nelson
Mayor Pro Tern
February 7,2006
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