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2010-09 Application for 2009 CDBG GrantRESOLUTION NO. 10 -09 A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title 1 of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality, and WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; and WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2009 Florida Small Cities Community Development Block Grant funding in the Housing category; and WHEREAS, the City of Okeechobee's Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City Council for the City of Okeechobee, Florida authorizes the Mayor and /or Pro -Tem to execute and submit to the Florida Department of Community Affairs the City's application in the Housing category for Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application. SECTION 2. That the City Administrator is authorized to act in connection with the application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded. SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Resolution No. 10 -09 Page 1 of 2 CFRPCSERVING THL•COUNTIES OF • DESOTO • HARDEE • HIGHLANDS • OKEECHOBEE • POLK 3,,(,-LrcL c'c?u.i r\e/ 7)11S14,_;'- August 3, 2010 Mr. Brian Whitehall City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 RE: Community Development Block Grant (CDBG) Program Housing Application Dear Mr. Whitehall: The Central Florida Regional Planning Council (CFRPC) has received the above referenced application. Staff has reviewed the project in accordance with the provisions of the State of Florida's Intergovernmental Coordination and Review Procedures, and with consideration for the procedures adopted by the CFRPC. The review centered on compatibility and consistency of the project with comprehensive plans, and its conformance to long-range plans, goals and objectives established for the region and/or its affected local jurisdictions. Based on this review, the CFRPC has no adverse comments on the above referenced application. Sincerely, ofi)0,tur—,\Ark-Ca Patricia M. Steed Executive Director CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 555 EAST CHURCH STREET, P.O. BOX 2089 BARTOW, FL 33830-3931 fi r (863)534-7130 • FAX(863)534-7138 • TOLL FREE (800)297-8041 • WEBSITE WWW.CFRPC.ORG ; RESOLUTION NO. 10-09 • A RESOLUTION OF THE CITY OF OKEECHOBEE,AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,AND DESIGNATION OF SIGNATURE AUTHORITY;PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes,Chapter 290,to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974,as amended; and WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality, and WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; and WHEREAS,it is the intent of the City of Okeechobee to apply for Fiscal Year 2009 Florida Small Cities Community Development Block Grant funding in the Housing category; and WHEREAS,the City of Okeechobee's Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;presented at a duly advertised public meeting;and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City Council for the City of Okeechobee, Florida authorizes the Mayor and/or Pro-Tern to execute and submit to the Florida Department of Community Affairs the City's application in the Housing category for Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application. SECTION 2. That the City Administrator is authorized to act in connection with the application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded. • SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Resolution No. 10-09 Page 1 of 2 INTRODUCED AND ADOPTED in regular session this 20h day of July.2010. ATTEST: Do, ling R.Watford,Jr., Mayo `ro-Tempore A I., / ®/ A.._1A1I1_/I Lane Gamiotea, *MC,City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Z CeQ9,L John R.Cook, City Attorney Resolution No. 10-09 Page 2 of 2 COPY gliOrA r is> 74"6514:114 44; 1100 rn • lei 460 4:54 - 4 44 A • Ar 91 Stoiliw CITY OF OKEECHOBEE FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION HOUSING CATEGORY 1` )o-avlo Part II — Application Profile and General Scoring Criteria I Application Profile Form G-1 Local Government Contact Information: Local Government Name CM'OF OKEECHOBEE Street Address 55 S.E. Third Avenue City Zip Code County Okeechobee I 34974 Okeechobee Main Telephone Main Facsimile 863-763-3372 863-763-1686 Chief Elected Official Title James E. Kirk Mayor Telephone Facsimile 863-763-3372 863-763-1686 Email Address rbrock(acityofokeechobee.com Financial Officer(Local Government) Title India Riedel Finance Director Telephone Facsimile 863-763-3372 863-763-1626 • Email Address Iriedel • ci ofokeechobee.com Project Contact(Local Government) Title Brian Whitehall City Administrator- Telephone Facsimile 863-763-3372 863-763-1626 Email Address Bwhitehall a ci ofokeechobee.com Street Address 55 S.E.Third Avenue City State Zip Code Okeechobee Florida 34974 Local Government's Grant Consultant(if Name and Address of Firm Telephone Number applicable) 2 t Application Profile Form G-1 (Continued) Application Preparer Information — - Preparers Name Organization Preparing Application: Nancy Phillips&Associates, L.C. X Private ^RPC Local Government Street Address ----- -- ---------_ __ 7408 Edisto Drive City Lake Worth State Florida Zip Code 33467 Facsimile 561-432-6734 Telephone 561-432-1524-office 561-704-1394- cell Email Address nsp920 @aol.com _ T Application Type: Indicate the type(s)of funding requested. A completed application must include the appropriate sections as provided below. A Planning and Design Specifications grant will not be offered unless the appropriate Planning and Design Specifications Grant box(es)are checked. (These grants are not a separate category but may be offered to an applicant in Neighborhood Revitalization or Commercial Revitalization with an application score below the fundable range for a full grant and which does not have completed construction plans and specifications.) Commercial Revitalization (Part IV) Economic Development(Part V) X Housing (Part VI ) Neighborhood Revitalization (Part VII) Planning and Design Specifications Grant-Neighborhood Planning and Design Specifications Grant-Commercial Revitalization _ Revitalization If ou will accept a Planning and Design Specifications Grant, indicate am ount being requested for: Basic Engineering Additional Engineering $ j Administration $ Funding Preference: The applicant may submit a Commercial Revitalization and a Housing application, or a Commercial Revitalization and a Neighborhood Revitalization application, but not a Housing and a Neighborhood application. Applicants will not be considered for an additional Commercial Revitalization, Housing or Neighborhood Revitalization grant until all previously awarded Planning and Design Specifications grants have been administratively closed by the Department. Did ou submit more than one application? Yes No X If so, what category of funding do you prefer? Neighborhood Revitalization Commercial Revitalization Dates of Public Hearings on the Application: First Public Hearing 02-16-2010 Second Public Hearing 07-20-2010 Dates of Advertisement of Public Hearings: First Public Hearing 02-08-2010 Second Public Hearing _- 07-11-2010 3 t t t t t t t t t t t t t t t t t t t \ __----0 ---- _ l!OptIcaltiott Prfoltie:_k4c;r.5 • tictfiroi, " - ----____-_--------------------- ,,, °et-ogra0cs -- _-_-_----- ____. _ _--------- _-_- ---------------•---;- i-1101-3-ev ,Grant It ---------- _____------------ ----"----- t).S.C.ongressionat DIstnct ___ ____ __ ---- ------------' 'oa --------.------1:r e DIS r---lorid--------a Seroic-Ce\s-t-r-e+a INturnber 1CA7 ns-U----s P------lace-----01(-0ec----hobee-------CountY-------- ----- Cans-u-s-fract----99020-0,9.7990300----, 990600 Clensf.293-9-----toc:01.rloltp----,7-;)--9------9099062,0_000i5990300- .-- ------__ s.•ute:x-o-n-a-s---d-e-terrnixr, "---\AV_P._ 0-------- -ee\ ell_est.__--------the____tO•eko ____ Grant clece_sylrfturt ::: ca uests ee ba-s-&------On------the--------:--:*xlriscixctx-on's---t-iA-----------1 ___ i. --- ------ --- gPo 000m .ttiatoo ---- A.27 499 ------- - 1-1:1--------_, ----- - -1----_-__- --l;?g°-----999 __-______- _. _ ______ ---------------i.E-S-C.0-C-3-: ;-2-----50 _ -_ - --------- A 000- _ ___ ------ --- --I---;____ 2._,_4i17 t..oca '60Niernment's 1.,ta Poputabon GVaa Reques-t-- - $700,000.00 --- -------- ------ ---- _,_ ---------- Posv0 the fotiovixng questions by circttng_______the correct response. 0000 itikE 114 SOLO rir,,tit _ -------------- _------- Yes No - "4-.1-1--ortic-P---resert(oo NIxIiit the project impact a buiVAIng,p Optic improvement or ptanned open space more than 50 years 001 ..---- ---------____-_-_----_- ----- tto _------------------ ---- Yes Ireiltrprojectl l‘agcretYties\roTuirseee anoinotetxrIto‘coantsagreernent? -------It‘;_esfttle---tne-te-rtoce agteement must be provided_____in theSupport‘ng _ _-_--_- -- ---------- Yes 14° DocOntattoll ..,.at voecgeool State ot floano kAas the\ocat govetxre tisfot'01; -----_-__-_-___-___--_ Olen - --rx dectared to be, in a state of financiat lernergencl pursuant to Sectxon 219.50-218.504,_f_.S:,at _____--- ---- an t5le dli° t" IC-Costs nor_to subrOssion of the a_p_O ---111.-----__,---_-_-_____ Grant preparatto uest rant tunc_ -1- e t tUtloS tOt r_____t ape_pt.' appi9„-----rIce talorarItiporepa:te6inn7strO'ons_______it funds ay_c_!------qes _ted._____ .,(es _ to the cost os gran _---- Does Vne apptio3nt vosh to retku -- Knount S ---------- ---b-e-----inct-u-cted--cin th-a-----Supp--0--ittn- Docuinentabon SeCt*O--r■-. --- --------------- 1.-----f yes,---------grant-pr0paration cost documenta----------tIon rn---stu ---___- 4 r w t t a t ! i i t it i a 1 i i a Project Narrative Form G-2 Describe the proposed project using the guidelines in the instructions. Use additional pages as needed. Please see the instructions on the following page relating to applications for Economic Development loans. Specific directions for Commercial Revitalization and Economic Development application narratives can be found in the instructions provided for each respective category. 1. Applications proposing more than one activity or service area must indude a narrative for each activity and/or service area. The City of Okeechobee is applying for $700,000.00 in CDBG funds under the Housing category to assist City residents with necessary housing repairs. The grant funds will be used for the following activities: Activity Number Activity Accomplishments Budget 008 Temporary Relocation 10 $35,000.00 14A Rehab/Demo/Replacement 10 Housing Units $560,000.00 21A Grant Administration N/A $105,000.00 $700,000.00 The City intends to provide assistance to at least ten (10) housing units occupied by low-to-moderate income residents. At least two (2) of these housing units will be occupied by very low income residents of the City. All of the housing units selected to receive housing assistance will be located within the corporate limits of the City of Okeechobee. These funds are needed to improve substandard housing in the City. Assistance to the housing units will be provided through construction repairs and temporary relocation of residents as may be necessary. A relocation allowance will be provided to residents that must be relocated, if required. Necessary repairs may be provided and, if necessary, the housing unit may be demolished and a replacement unit constructed if funds are available. Based on a CDBG project cost of $595,000.00, the average CDBG cost per house, including temporary relocation and construction costs, is estimated to be$59,500.00. National objective is met through the direct benefit to very low and low-to-moderate owner-occupied households. Only households that are very low and low-to-moderate income are eligible to participate in this program. Housing units that are single family, owner-occupied may qualify for this project. Assuming at least 1 person per household, beneficiaries served would be ten (10). At least two (2) of these households must be from the very low income segment of the population; therefore, 2 beneficiaries would be VLI. Total beneficiaries served would be a total of 10, 2 or 20 percent would be very low income(VLU). At the time of application,the housing participants have not been selected. Once the grant is awarded, it is anticipated that the start date for the first units selected will be within 4-5 months of the release of funds received from DCA. Each rehab unit should be completed within 60-120 days of the issuance of the Notice to Proceed depending on the extent of rehab being undertaken. All units will be completed within the two year grant period. 5 a a 2. Applications presenting both addressed and unaddressed needs must include a separate project narrative for each. The City of Okeechobee intends to address ten (10) owner-occupied housing units, of which two (2) will be very low income. All the housing units will be located within the corporate limits of the City. 3. For addressed and unaddressed needs, a narrative description of each proposed activity must include the following information: • Activity description, including the need being met • Explanation of the need for CDBG funding • Proposed construction start and completion dates • Quantity and location of activity within the service area • Cost of the activity • How the activity meets a national objective • Purpose of the activity(if not readily apparent) • Beneficiaries(Total, VLI and LMI)of the activities. The activities and budget for this grant are noted below: Activity Number Activity I Accomplishments Budget 008 Temporary Relocation 10 $35,000.00 14A Rehab/Demo/Replacement 10 Housing Units $560,000.00 21A Grant Administration N/A $105,000.00 $700,000.00 These funds are needed to improve substandard housing in the City. Assistance to the housing units will be provided through construction repairs and temporary relocation of residents as may be necessary. A relocation allowance will be provided to residents that must be relocated, if required. Necessary repairs may be provided and, if necessary, the housing unit may be demolished and a replacement unit constructed if funds are available. Based on a CDBG project cost of$595,000.00, the average CDBG cost per house is estimated to be $59,500.00. National objective is met through the direct benefit to very low and low-to-moderate owner-occupied households. Only households that are very low and low-to-moderate income are eligible to participate in this program. Housing units that are single family, owner-occupied may qualify for this project. Assuming at least 1 person per household, beneficiaries served would be ten (10). At least two (2) of these households must be from the very low income segment of the population; therefore, 2 beneficiaries would be VU. Total beneficiaries served would be a total of 10, 2 or 20 percent would be very low income(VLI). At the time of application, the housing participants have not been selected. 6 • • I r r r 1 1 ! 1 f I 1 f f Once the grant is awarded, it is anticipated that the start date for the first units selected will be within 4-5 months of the release of funds received from DCA. Each rehab unit should be completed within 60-120 days of the issuance of the Notice to Proceed depending on the extent of rehab being undertaken. All units will be completed within the two year grant period. 4. Describe all activities to be undertaken and the projected cost, without regard to the funding source or whether such funding will be counted for leverage. The CDBG funds will be used for the following activities: Activity Number Activity Accomplishments Budget 008 Temporary Relocation 10 $35,000.00 14A Rehab/Demo/Replacement _ 10 Housing Units $560,000.00 21A Grant Administration N/A $105,000.00 $700,000.00 There are no funds available from the City to leverage with this grant. 5. Describe any activities in which a portion of the construction will occur outside of the applicant's jurisdiction. None of the housing units selected will be outside the boundaries of the City of Okeechobee. All the housing units selected will be within the corporate city limits of the City of Okeechobee. 6. Describe any impact that proposed DOT or county road construction will have on the proposed CDBG funded activity. Not applicable to this grant application. 7. Specify whether any portion of the project area is located in a flood-prone area and whether the local government participates in the National Flood Insurance Program. The City of Okeechobee does not have flood maps from FEMA. The City does participate in the National Flood Insurance Program. 8. If complementary activities are being undertaken, explain how they relate to the project. At the time of grant submission, there are no known complimentary activities being considered. 9. If funds from other sources are being"leveraged,"describe how the funds will be used (what they will pay for, etc.). No leveraged funds are being committed to this grant application. 7 i s t t t I I I I I t I t I 1 ii I I I 10. If the removal of public building architectural barriers to handicapped persons is being paid for with CDBG funds, identify: • The location and function of each building • The barriers to be removed in each building • How the expenditure of CDBG funds will resolve the problem Not applicable to this grant application. 11. If using a survey that was completed for a previous CDBG project, state the subgrant number and year the survey was conducted. Surveys are not required for a Housing grant. r r r r r r r rl Il General Scoring Criteria Form G-3 1, Enter the Local Government's Community-Wide Needs Score Score: 88.71 This document is posted to the Department's website at: http://www.floridacommunitydevelopment.org/cdbg/index.cfm 2. Special Designation Score Score: 20.00 Check all applicable designations and enter a score of 20 if all activities, are within any of the boundaries of the following designated areas. — Empowerment Zone, Enterprise Community, or Champion X Rural Area of Critical Economic Concern designated by the Community, pursuant to the Economic Empowerment Act of 1993 Governor or Rural Economic Development Initiative(REDID community _Area of Critical State Concern pursuant to Chapter 380.05, F.S. _ Florida Enterprise Zone pursuant to Chapter 290.0065, F.S. HUD-designated Renewal Community _ Front Porch Community 3. Grant History Score If the applicant has not had an open CDBG contract in the NR, CR, or HR Score: 00.00 categories within five years of application deadline, claim 100 points._ 4. Outstanding Performance in Equal Employment Opportunity(EEO) The applicant may claim up to 25 points for achievement in M/WBE contracting in the most recent CDBG grant administratively closed out not more than four years before application deadline date. Review the M/WBE reports submitted to DCA for that grant and enter a score based on the achievement reported. Grant Number: 06DB-3K-0-7-57-02-E10 closed out on 07-16-08 $464,655.46 - $464,655.46 X 100 = 100 M/WBE % Amount Awarded to M/WBE firms Total Prime Contracts Amount M/WBE% Points 5.0- 9.99% 5 10.0 -14.99% 10 15.0 -19.99% 20 X 20%+ 25 If the applicant has not administratively closed out a CDBG grant within four years of the application deadline date, score 5 points. Score: 25 (Maximum 25 points) 9 II I i 1 1 1 1 i 1 I i i 1 I I I I i i General Scoring Criteria Form G-3!Continued) Local Government Minority Employment The applicant may claim up to 60 points for meeting minority employment goals. Complete the table below to calculate the applicant's percentage of minority employees. See instructions for calculations. Number of Permanent Full-time Number of Permanent Full-time Equivalent Applicant Applicant's Percentage of Equivalent Minority Applicant Employees Minority Employees Employees • 1 _ • 62 0 % Enter percentage of minorities in the applicant's county: 11.8 % If the "Prorated 60 Points Score"is claimed, complete the following equation: Applicant's Percentage of Minority Percentage of Minorities in Applicant's Percentage = Points Claimed Employees Applicant's County of Minority Employees X 60 0 .118 _ 0 0 If the applicant has three(3)or less employees, 40 points may be claimed. Total Score(60 Points Maximum): 0 5. Outstanding Performance in Fair Housing The applicant may claim five points for each of the following Fair Housing goals. See instructions for guidelines and documentation requirements. Date Score Date Fair Housing Ordinance Adopted 10-16-1990 5 i Date of training or educational program designed for the general public and elected officials 07-20-2010 5 Date of training or educational program designed for professionals 07-12-2010 5 Total Score (15 Points Maximum) 15 Summary Score 40 (Transfer this score to the Scoring Summary) to Part III — Sources and Uses of Non-CDBG Funds (Leverage) 11 I 1 1 I I I I I I I I I I I I I 1 I 1 Sources and Uses of Non-CDBG Funds Private, Participating Party, Public Leverage from Non-Local and Local Funding Sources Form L-1 Source Amount Amount Type i I Claimed for Not Claimed for (Participating Party,Loan,Grant,Local ■ I Scoring Scoring 1 Government Funds, Donated Land,or Other Leverage) Activity# NONE 1 — I I 1 I I I I I i 1 Subtotals 1 $ $ Total Leverage Claimed for Scoring $00.00 1 $00.00 I 1 i I Use the preceding totals to compute the number of points you are claiming for leverage scoring. 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 Leverage Score Summary Leverage Points Calculation for CR, NR and HR $ N/A = $5,000 = 0 Points Maximum 25 Points Leverage Points Calculation for ED $ _$10,000 = _Points Maximum 125 Points Summary Score 0 (Transfer this score to the Scoring Summary) 13 1 1 1 1 1 1 i 1 i 1 i 1 1 1 1 i 1 i 1 Part VI — Housing (CDBG-H) i i i i i I I i I I I I I I i I I i i Category Impact CDBG Funds and Activity Goals Score Form H-1 A B C D E F Activity# Activity Name Enter CDBG Activity$ %of CDBG Goal Activity #of Housing Units Project Cost Points Goal Score To be Addressed _ (B_B1) (C X D) by Activity 01 Acquisition(in support of) $ * 01 Acquisition in 100 Year Floodplain $ 75 04A Clearance $ 35 15 Code Enforcement $ 45 04A Demolition(without subsequent construction) $ 50 16A Historic Preservation $ 35 14A Housing Rehab/Demolition/Replacement $560,000.00 94.12 75 70.59 10 08 Permanent Relocation as a part of Hazard Mitigation $ 75 08 Permanent Relocation–Other $ 50 033 Potable Well Installation** $ - 75 14A Removal of Housing Architectural Barriers $ 75 033 Septic System Installation** $ 75 14A Sewer Hookups** $ 75 08 Temporary Relocation $35,000.00 5.88 75 4.41 10 14A Utility Hookups,Other** $ 60 14A Water Hookups** $ 75 1. Total Column B—CDBG Project Cost $595,000.00 Total Activity Goal Score: 75.00 (75 maximum) 2. Enter CDBG Administrative Funds $105,000.00 Total Unduplicated Number (Maximum of.15 of total below) *Goal points are same as activity supported. of Housing Units to be Addressed By All Activities **Use only if no housing rehabilitation is 3. Add B1 and B2 for Total CDBG Funds Requested $700,000.00 required.Otherwise,treat as complementary 10 activity to housing rehabilitation activity. 15 Low Income and Very Low Income Beneficiary Impact Score Number of homes to be addressed whose occupants qualify as"low income": (Note: "low"income means household income does not exceed 50%of median for your county) 4 homes X 45 points = 180 low"income beneficiary impact points(180 points maximum) Number of homes to be addressed whose occupants qualify as"very low income": (Note: "very low income"means household income does not exceed 30%of median for your county) 1 home: score 30 points; 2 homes: score an additional 25 points: total"very low"income beneficiary impact points 55 (55 points maximum) Total"very low"and"low"income beneficiary points 235 (235 points maximum) Average CDBG Cost per LMI Housing Unit Use the CDBG Funds and Activity Goal Score Spreadsheet to calculate the average CDBG LMI housing unit cost: $ 595,000.00 - 10 = $59.500 Total CDBG Project Cost(1B) Total number of LMI Housing Units Average CDBG LMI Housing Unit Cost Based on the average CDBG LMI housing unit cost, enter the appropriate score: Score: 120 120 Points Maximum "Green"Rehabilitation Standards If Housing Assistance Plan (HAP) requires all the minimum"green"standards identified in the instructions, score 40 points: 40 Points If Housing Assistance Plan (HAP) requires all the supplemental"green"standards identified in the instructions, score 35 points: 35 Points "Green"Rehabilitation Standards Score: 75 Points 75 Points Maximum Summary Score 505 (Transfer this score to the Scoring Summary) 16 Part VIII-- Certification and Score Summary 17 I, the undersigned chief elected official or authorized representative of the local government, certify that, to the best of my knowledge, this application for Small Cities Community Development Block Grant funding was prepared in accordance with state and federal rules and regulations, contains information that is true and correct, and has been approved by the local governing body. I, the undersigned, certify that the local government(Applicant): 1. Has met all citizen participation requirements: • Public hearings were conducted by a member of the local governing body or a duly authorized employee; • The first public hearing was conducted to obtain citizen views about community development needs and potential uses of CDBG funding; • A second public hearing was conducted to obtain citizen comments on the application; and • Public notice for the second public hearing was published after the first public hearing was conducted. 2. Has properly conducted surveys of service areas to document LMI benefit, if applicable. 3. Will comply with the Intergovernmental Coordination and Review requirements by submitting the required information to the local Regional Planning Council and to the State Clearing House. 4. Will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with CDBG funds. 5. Will ensure that upon completion of housing structures addressed with CDBG funds, each housing structure will meet the local housing code. 6. Will administer the grant in conformity with the Civil Rights Act of 1964 and the Fair Housing Act. 7. Will affirmatively further fair housing and undertake one fair housing activity each year. 8. Has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as the Community Development Plan. 9. Has adopted an Anti-Displacement and Relocation Plan and will minimize the displacement of persons. 10. Has presented accurate information and has documentation on file and readily accessible to Department of Community Affairs. 11. Has authorized the submission of this application by vote of the local governing body. 18 I I I I I I I I I I I I I I I k 1 II 1 Failure of the Chief Elected Official to properly sign the application by the deadline, or failure to include a copy of the ordinance or resolution of the governing body authorizing another individual to sign the application, will result in a 50-point penalty being assessed against the application that cannot be eliminated during the completeness process. Signature of Chief Elected Official or Designee (If signed by a person designated by the local governing body, a copy of the resolution must be included.) Signature zi____ , , i Typed 14.11d Title Dowling R. Watford, Jr.,Mayor Pro Tempore Date July 20_, 2010 If signed by a person other than the chief elected official, is a copy of the required resolution f Yes No induded in the Appendices? Signature of Application Preparer if other than an employee of the Local Government Signatta ,,„) i i Typed Name and i e Nancy S. Phillips, rant Consultant Name of Firm or Agency Nancy Phillips&Associates, L.C. 19 t t t t t t t t t t ed b\1�n9 t m When youeC� Sc\eve such case it t 5�m�a� cOCCrP\ere thr them With p Go " '' ion to gnu tCation 5 ed\n the apP.,des a`e veed ---;:i. ; o� ' 'fir 11 i► A►pp .r°reso"id osthl#addtt\and enter h1e t V%pniY� � l oce• use roPr\ate col ad the saes Dom' 1. �'' tton he aAP s totem`T the aPP\ attoo tot to h't ' eVa\uatton°v other ink Mme,,transfetted r... / H e app\tcanse scores°emotes have J E� g8 dorm\s th Motet ° the �a e�-' ;/- - •�\its �tcati°n hen a\\ of QK °utthe aPp c,etc) W /Carte E ------ ao•�� -- 7b. e%t AR / P as/Obi-lc' a� Go�e�m pppiib - e oca Ho 5in9 i. o 9�� Namointsl° Super -'20.0 - - TY °f Piica apPiirA fit(----- aXtcnum� / - ,9 c0 �nt8r is form for ea 25�porn - p , note J NS n �- nom ie� Wide mp\oY m tmum \ - ' op 40 �pRM --' ;�rtty� ��E4ua\�..ints aX --. g �7_1 tom - ounce I. �Op ��r� end P Nous mums: �- 505. 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No.1660-0003 EiVIERGEN..Y PREPAREDNESS AND RESPONSE DIRECTORATE Expires September 30,2010 :ATIONAL FLOOD INSURANCE PROGRAM See reverse side for Paperwork Burden Notice rr Brian Whitehall Biennial Report for (or Floodplain Administrator) Calendar Year 2007 and 2008 RETURN TO: OKEECHOBEE,CITY OF Federal Emergency Management Agency rr 55 S.E.3RD AVENUE REGULAR PROGRAM Biennial Report Coordinator OKEECHOBEE,FL 34974 3601 Eisenhower Avenue (No Special Flood Hazard Areas) Alexandria,VA 22304 INSTRUCTIONS 1. This report should be completed by the locally designated Floodplain Manager(e.g., your Community Manager, Community Planner, Building Inspector, etc.). 2. Please return this report within 45 clays of receipt to the address above, or fax it to 1-877-NFIP-BR1. If you would like to respond via the Internet, go to wt, ,v.floodmaps.net/br2009/default.asp and use the following PIN number 120178000132. .r For more information,contact the FE?JA Biennial Report Coordinator toll free at 1-877-FEMA-114(1-877-336-2114). SECTION 1—Changes in your co,nmu:.ity that may have affected flood hazard areas: It has been determined by FEMA that your community contains No Special Flood Hazard Areas and does not have a Flood Hazard Boundary Map or Flood Insurance Rate Map. Completion of thi, ;orm by your community will help us identify information that could be useful in evaluating your program and mapping status. If answer 'yes"to any question in Eh'. section,please be prepared to provide explanatory information and/or technical data including, when appropriate,your own ccnnnunity map showing the areas affected. Do not send this information at this time. FERIA rr may contact you by phone in the 'rear future for this information. Yes No A. Has there been a change to your community s corporate limits or extraterritorial boundaries that has resulted in your catnrnunity annexing flood ha:rsrd areas? B. Has there been any physical change,either.,.itural or man-made in your community that could increase flood hazards'? e.g., major landuse changes acre to urban,:ntion, deforestation, wildfires, or stream relocation due to erosion/siltation) C. Does your community have new informatiu. that indicates the presence of flood hazards in your community? Er (e.g., watershed studies or Bass Flood Elevations established by developers) SECTION II—Community F loodplain : tanagement Data during the last 2 years (calendar years 2007-2008 only): Yes No A. Ii your community has a floodpiain manage vent ordinance,has it been updated during the reporting period'? • B. Please update the demographic information or your community that was provided to FEMA when your community last reported to the National Flood Insurance Program. If a wv numbers e NOT correct or a"0"appears,please provide the revised number in the spaces below. If precise data are not available,please provide your vest estimate. Permanent 1-4 Family All other Year-Round Structures Structures Population 'r 6,000 2,200 0 1. In your entire community — ,. NAME,TITLE,SIGNATURE,AND E-MAIL ADDRESS PHONE NO. Date (include area code) Month Year Brian Whitehall , 'pity Administrator - — 563-763-3372 05 09 FEMA Forn 81-29A,4UL 08 //RI'.i'LACES ALL PREVIOUS EDITIONS Retain a copy of this report for your records bwhite allgrcityofuke chubee . com .r N 23 i 1 1 1 1 1 1 I I I I I I I I 1 I I I APPENDIX B COMPREHENSIVE PLAN DOCUMENTS 24 .. Housing Element Goals, Objectives and Policies Goal: The City of Okeechobee will plan for the provision of decent, safe and sanitary housing of appropriate type, size, location and cost, and with adequate supporting public facilities to meet the current and future needs of all residents of the City. Objective 1: On an ongoing basis, the City of Okeechobee shall continue to assist the private sector and other public agencies in providing adequate and affordable housing, supported by adequate public facilities, for existing and future populations. This will include regulatory improvements, coordination with the private sector, applications for funding assistance, and other activities aimed at ensuring adequate supply of standard condition housing which meets documented current and projected ranges of household size, income, tenure, and special need (e.g., elderly and farmworker housing). Policy 1.1: New residential development shall continue to be permitted only where facilities and services such as roads, sanitary sewer, and potable water are available and adequate, or where such facilities and services are programmed to be provided during the planning period,based on a fair-share distribution of costs. Policy 1.2: The City Administrator and other appropriate officials shall continue to meet on a periodic basis, either formally or informally, with City residents, developers, builders, non-profit providers of housing, and any other interested persons to assess and improve the production of housing for all City residents. Policy 1.3: The City Administrator shall continue to assess and recommend improvements as necessary, to housing-related regulatory and permitting processes in effect within the City. This will be done in conjunction with scheduled evaluations and appraisals of the comprehensive plan, or as otherwise required. Possible improvements may include,but shall not be limited to: • elimination or modification of conflicting or excessive regulations; • establishment of a time limit for the review of development proposals; • consolidation of multiple public hearings; and • waiving of processing fees for affordable housing projects. City of Okeechobee Comprehensive Plan 1 Housing Element 25 — Policy 1.4: The City Administrator shall continue to coordinate with the joint City-County Building and Zoning Department to establish a site review process to guide the location of and assess the need for and availability of infrastructure to support the following: housing for low and moderate income families; • mobile homes; group homes; foster care facilities; farmworker housing; and housing for other households with special needs. Policy 1.5: In order to be eligible to receive state and federal housing funds, the City of Okeechobee shall, by 2002, implement a fair housing ordinance to permit opportunity in housing selection and prohibit discrimination in the sale or rental of a dwelling. Policy 1.6: The City shall enforce provisions in its land development regulations allowing the following density bonus for residential developments in providing units which qualify as affordable housing: 10%of total units +1 unit/acre Policy 1.7: The City shall explore incentives to offer developers for the provision of affordable housing units, and adopt an incentive program by 2002. Policy 1.8: The City, through the State Housing Initiative Program (SHIP) funding, shall more actively participate in providing affordable housing to meet community needs by rehabilitating deteriorating structures and by providing down payment assistance for new homes. Policy 1.9: For purposes of defining housing for very-low, low and moderate income households the following will apply: Very low income households=<30%of median income Low income households=30 to 50%of median income Moderate income households=50 to 80%of median income Policy 1.10: By 2002, the City shall amend its Unified Land Development Code to provide design standards, suitable sites, and technical assistance to the public in the construction of affordable housing. Policy 1.11: The City shall, by 2002, permit an adequate amount of residential land near the cities where most facilities and services are available, and that will provide more sanitary and decent housing with public centralized sewer and potable water systems where feasible. City of Okeechobee Comprehensive Plan Housing Element 2 26 Policy 1.12: The Unified Land Development Code shall be revised by 2002 to permit and encourage greater flexibility and affordability in housing site designs. Objective 2: The City of Okeechobee shall, by 2002, formulate and begin to implement a program to identify, reduce, and/or eliminate substandard housing conditions by ten percent. This will include amendment of housing and building codes and other applicable regulations to establish minimum standards for safety and for aesthetic, structural and/or sanitary conditions in the existing housing stock. Policy 2.1: The City shall enforce standards for rehabilitation of substandard housing units incorporating housing quality standards which meet or exceed those of the Federal Section 8 Existing Housing Program. Building, housing, and zoning codes in effect within the City shall be amended as necessary to maintain consistency with these standards. Policy 2.2: As permitted by funding and personnel constraints, the City shall continue to bring substandard housing units into compliance with applicable regulations at an • average rate of 10 units per year. This may include rehabilitation as well as demolition and replacement. �• Policy 2.3: The City of Okeechobee shall, by 2002, establish criteria to identify blighted areas and historically significant housing in need of improvement. Policy 2.4: The City of Okeechobee shall, by 2001, conduct a review of applicable land development regulations for weaknesses which allow the formation of blighted areas, and coordinate with Okeechobee County to make necessary revisions as part of the required amendment process. Objective 3: The City of Okeechobee shall continue to conserve its standard-condition housing stock, and improve, as necessary, the structure and aesthetics of existing housing. In this process, historically significant units will be identified and given special consideration. Policy 3.1: Owners/landlords of housing units shall continue to maintain their property in standard condition. Through a program of code enforcement based,at a minimum, on response to citizen complaints, substandard conditions shall be brought to the attention of owners/landlords of housing units, and they shall be required to make necessary repairs. Substandard housing shall be defined, based on the U.S. Department of Housing and Urban Development (HUD) Section 8 Existing Housing Program as a housing unit having a deteriorated or dilapidated appearance and one or more of the following conditions: 1. The only possible access to the unit is through another unit. City of Okeechobee Comprehensive Plan 3 .. Housing Element 27 2. There is no alternative means of exit in case of fire which meets state or local regulations. 3. There is evidence of infestation by mice or vermin. 4. There is an accumulation of garbage or debris. 5. Inadequate covered facilities for refuse disposal are provided. 6. Neighboring conditions are present which would seriously and continuously endanger the health or safety of residents (e.g., evidence of flooding, proximity to open sewage, fire .� hazards). 7. Evidence exists of an unsound or hazardous foundations. 8. There are unsound or hazardous stairs, porches, balconies, or decks. 9. Roof bucks or sags,has holes or decayed soffits. 10. Exterior surfaces are decayed or otherwise defective. 11. Chimney is leaning or disintegrating. 12. Mobile homes are placed on the site in an unstable manner. Policy 3.2: Work efforts on the part of the City toward conservation, rehabilitation and demolition of housing units will be carried out in support of the following principles: to encourage property owners to make repairs before serious problems develop within the housing stock; to reduce blight and decay of neighborhoods; to maintain the value of housing and the quality of life in the City; and to encourage investment in residential areas. Policy 3.3: The conservation, rehabilitation, or demolition of any documented historic housing units shall continue to be carried out in cooperation with recognized historic preservation organizations. Policy 3.4: Upon completion of the City's historic survey, all historically significant housing structures shall be formally identified by the City. Policy 3.5: The City shall,through Code Enforcement assistance, maintain records to identify all housing units that are demolished and all housing units that are brought into Code compliance. Policy 3.6: The City shall coordinate with both citizen groups and the Department of State to identify and prepare a Historic Overlay District. �. Objective 4: The City of Okeechobee shall enforce zoning, subdivision, housing and other applicable regulations to ensure adequate sites for housing for low- and moderate-income families and for mobile homes. City of Okeechobee Comprehensive Plan Housing Element 4 28 Policy 4.1: The principles and criteria for siting low and moderate income housing shall be as follows: to ensure that low/moderate income families have adequate public facilities and services based on a fair-share distribution of costs; to reduce concentrations of low/moderate income housing in the City; to provide adequate sites for low/moderate income housing based on projections and demand for such housing; and to allow additional density for developments providing affordable housing(see Policy 1.6). Policy 4.2: The principles and criteria for siting mobile homes shall be as follows: to ensure mobile home residents of the availability of adequate public facilities and services based on a fair-share distribution of +■ costs; to require developers of future mobile home parks to provide .• adequate hurricane shelter space for hurricane season residents of such parks; to provide adequate sites for mobile homes based on projections and demand for such housing; to ensure an affordable housing type to residents of the City;and new mobile homes shall be placed only in mobile home parks or subdivisions at least 10 acres in size. Objective 5: The City of Okeechobee shall, on a continuing basis, ensure adequate sites for group homes and foster care facilities that are licensed or funded by the Florida .. Department of Health(DOH). Policy 5.1: The principles and criteria for siting DOH-licensed or -funded group homes and foster care facilities shall be as follows: to ensure that group homes and foster care facilities of a residential scale will be located in areas of residential character; zoning shall not be used to prohibit such facilities of a residential scale in areas of residential character so long as proposed facilities are compatible with surrounding residential densities;and City of Okeechobee Comprehensive Plan 5 •• Housing Element 29 . to provide clients of such facilities adequate public facilities and services on the basis of a fair-share distribution of costs. Objective 6: Reserved. Objective 7: The City of Okeechobee shall, by 2002, establish a technical advisory committee r' to evaluate the City's housing efforts and advise the City on adequate and affordable housing issues and programs. .. Policy 7.1: City Officials shall continue to seek and/or otherwise develop appropriate federal, state, local, and private funding or assistance to offset the costs of City housing efforts, return tax revenue to the community, provide local employment, and/or .. leverage private-sector investment in residential areas. Policy 7.2: The City shall continue to apply for Small Cities Community Development Block .. Grant funds and participate in housing-related activities funded by block grants and the Farmers Home Administration. The City shall consider participating in other federal or state-assisted programs that rehabilitate and/or replace housing for m. low-and moderate-income families,and households with special housing needs. Policy 7.3: The City shall continue to participate in the City's SHIP to find affordable .• housing for low-and moderate-income households. Policy 7.4: Through the assistance of a technical advisory committee, the City shall become . more actively involved in the SHIP program, to acquire funds for a greater percentage of affordable housing units. .. City of Okeechobee Comprehensive Plan .. Housing Element 6 30 ♦ s WP s s s O r w s O s �O so d r r RESOLUTION NO. 2010-09 A l;FSOLUTI._N AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S ■• FIS,..'AL YEAR 2009 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENf BLt+CK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF ( 'OMMUNI CY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY WHEREAS. the Florida Legislature,during the 1983 legislature session, enacted the Florida Small Cities Comm<<aity Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the C ommunity Development Block Grant Program created by Title I of the Housing and Community Development Act of1974, as amended; WHEREAS. the purpos of the Florida Statutes, Chapter 290, is to assist local governments in carrying out etfectiv, communi.y development activities to arrest and reverse community decline and restore community ,tality; WHEREAS. Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; am WHEREAS. it is the i it.:nt of the City of Okeechobee to apply for Fiscal Year 2009 Florida Small Cities Community Development Block Grant funding in the Housing category; and WHEREAS. the City's l iscal Year 2009 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, T1II:REFORE, FL IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA authorizes the Mayor and/or Pro Tempore to execute and submit to the Florida Department of Community Affairs the City's application in the Housing category for Fiscal Year 2009 Florida Small Cities Connaunity Development Block Grant Application; RESOLVED, FURTHER, that the City Administrator is authorized to act in connection with the Application and to provide such additional information as may be required by the Florida Department of Community Affairs or the application and once awarded, authorized to execute any documents required throughout the entire grant process, including environmental review process; and RESOLVEL FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADuPTED in 1 c`ular session this 2015 day of July, 2010. Attes • ''/7 - /2_,■/ CITY CLERK OWLING R. WATFORD, JR. MAYOR PRO TEMPORE AMP 32 s t t t t i 1 1 I I t t t t t t I 1 1 I APPENDIX K LOCAL HOUSING ASSISTANCE PLAN 33 RESOLUTION NO. 2010-08 A RESOLUTION ADOPTING THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009/2010 LOCAL HOUSING ASSISTANCE PLAN FOR THE .r CO.JMUNI"I Y DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS. the CITY OF OKEECHOBEE recognizes the need to establish local policy guidelines for their _ Y 2009L010 Community Development Block Grant (CDBG) Housing Program; WHEREAS. the CITY has developed the "City of Okeechobee FY 2009/2010 Local Housing Assistance Plan" that conforms with the application requirements for the CDBG Housing Program adopted as ;part of Fla. Administrative Code Rule 9B-43 that governs the CDBG program; WHEREAS. it is the intent of the CITY, to the greatest extent feasible, to improve the housing standards for the very low and low-to-moderate income residents of the CITY through the use of CDBG and other City Housing programs; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, hereby adopts the "City of Okeechobee FY 2009/2010 Local Housing Assistance Plan" for the Community Development Block Grant Program; RESOLVED, FURTHER,that the CITY ADMINISTRATOR and/or his designee to coordinate the impiementation of said Plan; RESOLVED, FURTI I ER, that all resolutions or parts of resolutions in conflict with this Resolution are here+.)~ repealed to the extent of such conflict; and RESOLVE!), FURTHER,that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in Ole regular session this 20th day of July, 2010. Attest: CIT CLERK ! OWLING R. WATF , JR. Mayor Pro Tempore • 34 CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE FFY 2009/2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared by City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 With Assistance from Nancy Phillips and Associates 7408 Edisto Drive Lake Worth, Florida 33467 561-432-1524 1 t t I I I I I I I I I 1 1 I I I I k I TABLE OF CONTENTS Section Title Page Number I. Purpose of Program 3 IL Designated Authority 4 III. Definitions 4 IV, Housing Rehabilitation Objectives and Policies 4 V. Applicant Eligibility 6 VI. System of Applicant Selection 7 VII. Conflict of Interest 11 VIII. Property Eligibility 12 IX. Structural Requirements 15 X. Housing Rehabilitation Financing 17 XL Procedures 18 Ch XII. Clearance/Permanent Relocation/Demolition Relocation 27 XIII. Insurance 28 XIV. Relocation/Displacement 28 XV. Appeals/Complaints 29 XVI. Program Income 29 XVII. Reports, Records and Data 29 XVIII. Property Acquisition Policy 30 XIX. Amendments 32 2 1 1 1 1 t 1 1 1 1 1 i 1 1 1 1 I i 1 CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE 2009/2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. PURPOSE OF THE PROGRAM - HAP requirement a. A. Project Area City of Okeechobee, Florida, hereinafter referred to as the City, shall provide financial assistance to those qualified applicants residing in the city limits of the City of Okeechobee. B. Purpose of Assistance The sole purpose of the financial assistance shall be to provide decent, safe and sanitary housing for very low and low- to-moderate income residents. This assistance will be provided through the rehabilitation of existing structures that are deemed to have "substandard" conditions that need to be corrected. Also, assistance may be provided for the demolition and replacement of homes as deemed to be "unrepairable". Work will be undertaken to bring the structures into compliance with the Florida Building Code,the City's Housing Code and other applicable local codes. The construction work on a dwelling unit will be completed by a state registered or certified general contractor, certified building contractor, and certified residential contractor who is licensed by the Florida Department of Business and Professional Regulation. C. Operating Rules and Regulations This program shall be operated in accordance with all applicable rules and regulations of the City, the State of Florida and the U.S. Department of Housing and Urban Development. 3 1 II. DESIGNATED AUTHORITY A. Designated Approval Officer The City Administrator or his/her designee is designated as the approval officer. III. DEFINITIONS For the purposes of this plan,the following definitions shall apply: A. Home -A housing unit constructed on the owner-occupied site either of masonry or frame construction materials. B. Manufactured and/or Modular Horne - A manufactured home fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the owner-occupied building site on a permanent foundation with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act. C. Mobile Home - A structure transportable in one or more sections that is which is 8 body feet or more in width and is built on an integral chassis and designed to be used a dwelling when connected to required utilities. D. Owner-Occupied — The applicant must be the owner of the housing unit to receive assistance and must reside in the home at the time of submitting an application for assistance to the City. The Okeechobee County Property Appraisers' records and an Ownership and Encumbrance Certificate will be used to verify ownership. IV. HOUSING REHABILITATION OBJECTIVES AND POLICIES co A. Objectives The objectives of the City of Okeechobee CDBG Housing Rehabilitation Program are: 1. To encourage the revitalization of very low and low-to-moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan(DPL)Program. 2. To remove unhealthy or hazardous conditions in low-to-moderate income households. 3. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of very low and low-to-moderate income neighborhoods to improve their community. 4. To preserve existing housing stock,or replacement of substandard housing. 4 5. To enable very low and low-to-moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of very low and low-to-moderate income families through weatherization aspects of rehabilitation. 7. To improve the property tax base in very low and low-to-moderate income neighborhoods. 8. To increase employment and training opportunities for local residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. B. Rehabilitation Policies It is the policy of the City of Okeechobee CDBG Housing Rehabilitation Program to: 1. Assure that the Program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements(including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly,with sensitivity and respect for their needs, and in accordance with program rules. 3. Provide all program participants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: I) that property owners hold the primary responsibility for maintaining their property and personal finances, 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and 3)that any assistance provided must be authorized at the proper level. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force or the City of Okeechobee City Council shall share in proceeds or benefits of CDBG funded rehabilitation work, unless approved by the Florida Department of Community Affairs. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to bring it up to applicable local building codes and the Florida Building Code. The City of 5 t 1 r 1 Okeechobee City Council may waive program rules only when the result will be consistent with established goals and objectives, and applicable federal, state or local regulations. 6. Housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. No housing units will be demolished and converted to non-LMI housing structures. —HAP requirement m. V. APPLICANT ELIGIBILITY—HAP requirement b. A. Tenure Characteristics In order to receive Housing Rehabilitation Assistance, an individual or family making application for assistance must be the homeowner who is occupying a residential unit located within the City. The property must be owner-occupied at the time of submitting an application for assistance to the City for consideration. All property taxes must be paid up-to-date,the property must be without judgments and/or liens, and not be in any form of foreclosure. Also, the financial resources of the household must not exceed the very low and low- and-moderate income standards distributed by HUD for the program year(s)that assistance is being provided. The applicant will be considered the owner if he/she: 1. Is the "owner of record" on the official property records on file with the Okeechobee County Clerk of the Circuit Court and Okeechobee County Property Appraiser; - HAP requirement 1. 2. The owner must possess and provide clear title to the property, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. Property must have been granted"homestead exemption"to receive assistance. 3. The owner must reside in the dwelling to be rehabilitated for at least one year prior to the time of application 4. Property tax,mortgage payments and utility bills must be current and ownership must not be jeopardized by any other threat of foreclosure,default or clouded title. 5. Residents and owners of rental property, including rental duplexes, are not eligible to participate in the program.—HAP requirement f. 6 f i I 1 I i 1 i I I 1 1 I I t 1 B. Low- to Moderate-Income Requirements Individuals or families must meet the low- to moderate-income eligibility requirements and be owner occupants currently residing in the residential unit to be rehabilitated. For the purposes of income eligibility, income shall be determined as provided for by the U.S. Department of Urban Development Section 8 Program Household Income Limits as specified in 24 C.F.R. 813.106. Income from all sources of any family member including individuals who are 16 years of age or older and who reside in the dwelling unit of the applicant shall be counted as a part of the income. Income is the amount from the following sources, but not limited to such sources: gross salaries, including tips, bonuses, Councils, overtime pay; pensions and annuities; business profit for self-employed persons, including farmers; interest and dividends; any public assistance, including Aid to Families with Dependent Children, Supplemental Security Income, unemployment compensation; Social Security; estate or trust income; rental income; and gains from sale of property or securities, including contract for deed, and child support and alimony. The most recently issued low-income family standards under the Housing Act of 1937 as prepared by the U.S. Department of Housing and Urban Development shall be used to determine eligibility for Housing Rehabilitation Assistance. The low-income limits for families larger than eight persons will be determined by adding 6.25 percent of the four- a, person income limit base to the eight-person limit for each person in excess of eight. The limits developed by the use of these factors will be rounded to the nearest $50. VI. SYSTEM FOR APPLICANT SELECTION—HAP requirement b. A. Application Processing Methods An advertisement may be placed in the local newspaper and a public service announcement may be broadcast on a local radio station notifying residents of an application period, if applicable. Community meetings advising potential beneficiaries of the program might also be held if the City so desires. The City may also elect to utilize the listing of potential beneficiaries who have made application to the housing programs administered by the Okeechobee County SHIP Department as potential Community Development Block Grant beneficiaries. 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The application form for eligibility determination must be completed by the applicant. Applications may be obtained at City Hall located at 55 S.E. Third Avenue between 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:00 p.m, Monday through Friday. The application shall be returned to the City Hall with the following documentation: To Verify Examples of Acceptable Documents Residency: Drivers license, voters registration or a utility bill. Legal Ownership: Deed of record Income/Wages: Pay stubs or letter from employers (past or present), social security allotment letter and other similar documents. This pertains to all working family members. Family Members: Copy of all household members Social Security Cards, birth certificates or a notarized statement from a neighbor or friend stating how many individuals live in the household. Public Assistance: Letter from the Florida Department of Health and Rehabilitative Services concerning Food Stamp, Aid to Families with Dependent Children or any other public assistance, indicating the amount of assistance and the number of persons in the family. The application process will have a noticed cut off date for the receipt of Applications, if a public advertisement is used to solicit applicants. Applications received after the noticed cut off date shall be considered on a"first come, first completed" basis after the primary list of applicants has been considered. An applicant shall be considered eligible for Housing Rehabilitation Assistance if they meet the income requirements and their dwelling unit is suitable for rehabilitation. To be suitable for rehabilitation, the dwelling must be inspected by a representative of the City's Building Department, if available, and Housing Rehabilitation Specialist and determined to be in a "substandard" condition. Only code violations will be addressed with the CDBG funds. A cost estimate of repairs will be prepared based on the needs identified in the initial inspection and work write-up. —HAP requirement d. 8 i i 1 1 1 1 1 i 1 i 1 1 1 1 1 I 1 1 1 Completed applications shall be considered giving preference in the following order: PRIORITY POINT VALUE Very_Low Income Families 30 Low Income Families 30 Elderly 30 Disabled 30 Female Head of Household(Single with at least 1 dependent) 30 Male Head of Household (Single with at least 1 dependent) 30 If CDBG assistance has been provided in the last seven (7) years, the applicant shall not be eligible to receive assistance under the FY 2009/2010 program unless they are of very low income status. The City will not discriminate against any applicant for assistance because of race, color, religion, sex, familial status, handicap,national origin or age. B. Identification of Units Housing Rehabilitation will take place only on units approved by City of Okeechobee in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. The City will review applications received using the following selection criteria: 1. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. Assistance for mobile or manufactured housing will be included in the program, but will be restricted to replacement of said structure with a site built home,unless specifically prohibited by local or state regulations. 2. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 3. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 4. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance,trash, and other environmental or health codes. 9 t t t t t t t I I t t t t 1 1 1 t 5. Is the structure more than 50 years old? The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes, or if other evidence suggests the structure is more than 50 years old, the City must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. —HAP requirement s. 6. This program will not assist in the rehabilitation or replacement of rental housing structures. C. Approval of Ranking,and Removal of Units from the Program The Housing Rehabilitation Specialist and the Project Administrator shall review and rank the applications based on the criteria noted above. A listing by name and address will be provided to the City Council for their approval. An applicant shall be notified via mail or telephone after the application is reviewed. Final eligibility approval will be given after approval of the work write-up and award by the City Council. In all cases, it is understood that the financial limitations associated with a Community Development Block Grant Housing program, specifically addressing the number of units required to be completed under the activity and program shall be an overriding factor in determining which units shall ultimately be addressed. The Housing Rehabilitation Specialist and/or the Project Administrator may remove a housing unit from the program for a change in household income, approved selection criteria, or for not complying with the minimum qualification procedures. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the following Complaint Procedures or as noted in the Citizen Participation Plan. —HAP requirement i. D. Complaint Procedures Complaints concerning the Housing Rehabilitation Assistance program shall be made in writing and addressed to the City Administrator within fifteen(15)working days of commencement of the dispute. The City Administrator will contact the complainant and attempt to resolve the problem. The City Administrator shall issue a written response to the complainant within fifteen (15) working days of receipt of a written complaint. If the complainant is not satisfied with the City Administrator's response, he/she may file an appeal within fifteen (15) working days of receipt of the written decision by the claimant to the City Council. 10 i 1 1 1 t 1 1 I 1 1 1 i 1 1 1 1 1 1 1 The City Council shall consider the recommendation at its next regularly scheduled meeting. A decision shall be made by the City Council at such meeting. The decision of the City Council shall be the final authority concerning the complaint. VII. CONFLICT OF INTEREST—HAP requirement c. All applicants that may have a business or familial relationship with a member of the City of Okeechobee City Council, Housing Rehabilitation Specialist, Program Administrator, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed. In addition, all beneficiary names and addresses must be disclosed at the regular meetings of the City of Okeechobee City Council as selection of beneficiaries occur and these names and addresses must be included in the minutes of the City Council. The City Council must disclose any relationship with an applicant and must abstain from any vote related to that applicant. As soon as a final ranking of the applications is made, that ranking and any cases of conflict of interest must be made known at a meeting of the City Council. For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: 1. The person must declare on the application form that a conflict of interest may exist. 2. The governing body must decide whether to proceed requesting a waiver on the potential participant dispute the conflict of interest. 3. If the person who the conflict on interest exists with is a voting member of the governing body, that person must declare a conflict of interest and not vote on the potential participant. 4. The City Attorney shall prepare a written document stating in his/her opinion proceeding with potential participant's residence would not violate any state or local law. 5. A written request for waiver is sent by the City to DCA for review and comment. 6. If a waiver is obtained, the potential participant would be placed with other potential participants as outlined herein. No dwelling unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or subcontractor to be paid with Community Development Block Grant funds for 11 t i I 1 I I 1 1 1 i I 1 1 1 i 1 1 1 1 the rehabilitation of said building, nor shall they be paid for their own labor with Community Development Block Grant funds for the rehabilitation of said dwelling unit. VIII. PROPERTY ELIGIBILITY A. Unit Characteristics Only single-family owner-occupied dwelling units consisting of site built homes, modular or manufactured homes that have the "blue DCA" decal are eligible for Housing Rehabilitation Assistance. Multiple-family and/or rental dwelling units and mobile homes, modular homes or other forms of manufactured housing that do not have the "blue DCA" decal are not eligible for Housing Rehabilitation Assistance. At no time will mobile homes, modular homes or other forms of manufactured homes received CDBG assistance unless they are provided assistance under the Demo/Replacement program.—HAP requirement g. Documentation from the Okeechobee County Property's Appraisers office shall be obtained to assist in determining the age of the housing unit. If the housing unit is determined to be older than fifty (50) years, pictures shall be taken of the housing unit and submitted to the Florida Bureau of Historic Preservation for guidance. The single-family dwelling unit and property is required to be in compliance with other appropriate local codes (i.e. nuisance,trash or other environmental or health codes)prior to initiation of housing rehabilitation construction. —HAP requirement r. B. Condition and One-to-One Ratio—HAP requirement h. After rehabilitation, all dwelling units addressed with Community Development Block Grant funds shall be in compliance with the local housing codes and the Florida Building Code. Upon completion of the rehabilitation of each dwelling unit, the ratio of the cost of housing rehabilitation to the projected market value of the rehabilitated dwelling unit shall be at least one to one. Example: if post-rehabilitation value of$30,000 is less than the cost of rehabilitation work-write up of$35,000, the City may elect to cover the costs for a new site built home to be constructed on the owner's property if adequate funds are available. C. Types of Costs, Improvements and Activities 12 Eligible Costs: Housing Rehabilitation Assistance shall be used only for those repairs and/or replacements which are necessary to correct violations of the Florida Building Code, the City's Housing Code and/or local codes, eligible items designated by the Florida Department of Community Affairs including the listed items: Eligible Improvements: 1. Any improvement required to bring the housing unit up to code, including, but not limited, to: A. Structural system B. Electrical system C. Plumbing system D. HVAC and Heating system shall have a SEER rating of at least 14 (green initiative) E. Windows and Hurricane Protection F. Insulation G. Kitchen cabinets H. Stove and refrigerator I. Roofing system J. Extra bedrooms(if required due to family size) K. Ceramic Tile Floor for durability and mobility purposes L. Energy Star Rated Appliances (green initiative) M. Energy Star rated windows and/or doors(green initiative) N. Energy Star rated lighting fixtures (green initiative) 0. Weatherization activities, including, but not limited to, attics, floor insulation (if appropriate), sealing of exterior walls (if appropriate—green initiative) 2. Any improvement designated as eligible by the Florida Department of Community Affairs; 3. Weatherization and energy conservation improvements as noted above; 4. Exterior painting; 5. Improvements to adapt the property for use by the physically handicapped; 6. Improvements necessary to meet flood hazard standards; and 13 1 1 I r 1 1 i 1 1 i 1 i 1 i 1 I t i 1 7. Flood hazard insurance. All improvements must be physically attached to the property and permanent in nature. Upon approval of the City Council,Housing Rehabilitation Assistance may be used to rehabilitate residential properties listed on the national, State, or local Registers of Historic Places if funds are available. Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be borne totally by the owner who must deposit the funds with the local government before the improvements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector, but will not be inspected by the Housing Rehabilitation Specialist. 00 Ineligible Improvements: General property improvements including, but not limited to, additions for family rooms, carports or ineligible items as identified by the Florida Department of Community Affairs. Other Eligible Activities: Community Development Block Grant funds may be used for temporary relocation allowance for those occupants displaced temporarily by rehabilitation activities being carried out with Housing Rehabilitation Assistance. Temporary relocation assistance for storage in the amount of$200.00 per month, not to exceed$400.00 per housing applicant, may be provided as specified in the City's Community Development Block Grant Program Antidisplacement and Relocation Assistance Plan or City of Okeechobee Housing Assistance Plan, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month for the duration of the construction period. If it becomes necessary, the City may detelinine 14 that temporary relocation exceeding the $1,000.00 limit may be required if unusual circumstances exist. In rare circumstances, funds may be available to assist with temporary rental while a home is being demolished and a replacement housing constructed. The payment of fair market rent shall be strictly adhered to. IX. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the Housing Rehabilitation Program, the dwelling must be deemed to be "substandard" and feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction must: a) correct all violations of the local housing code; b) provide interim controls or abatement for lead-based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all houses rehabilitated at or below $25,000. Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead-based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements and appropriate abatement procedures; - HAP requirement t. c) meet applicable local zoning requirements, as well as local, state and federal housing code requirements for rehabilitation work; d) leave at least 20%of the original structure based upon the formula provided in this chapter; e) not exceed the program costs noted in this chapter; and fj be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such. g) New Construction or substantial improvement of any residential building located within the 100 year flood plain shall have the lowest floor, including basement elevated no lower than (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided.—HAP requirement u. B. Structural Integrity 15 1 1 1 I I 1 1 1 1 1 I I i I I 1 1 1 1 Rehabilitation requires that at least 20% of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof- 20%,exterior walls- 60%, and flooring system -20%. As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced and 25 °A) of the flooring system (including framing) must be replaced. The factors are then ratioed based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25 % replacement of the flooring system equals 5 % replacement of the structure. Thus, replacement equals 10%, plus 30%, plus 5%, or a total of 45%of the structure. This leaves 55 %of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by the Housing Rehabilitation Specialist. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation Specialist whether to replace it with an alternate unit or to request a change in type of rehabilitation(demolition,permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas: $59,500.00 per single family detached house including temporary relocation. These limits are at the allowable CDBG financing limits, and assume requirements for owner contributions or leveraging, if these limits are exceeded. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging, but must be specifically approved by the City Council as exceeding the described limits. In addition, the cost of rehabilitation and improvements may not exceed the after-rehabilitation value of the dwelling. For site-built dwellings,the total cost of rehabilitation(plus other improvements, if any) may not exceed $75 per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. 16 1 r I 1 1 I 1 I i 1 I 1 1 t 1 t 1 I X. HOUSING REHABILITATION FINANCING The Housing Rehabilitation Program provides financing to homeowners in the form of 100% Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within five years of the date of the DPL or within ten years of the date of the DPL for a demo/replacement project, or fails to maintain reasonable required standards of care and maintenance. During the five-year or ten-year period, the principal is "forgiven"or subtracted from the principal balance in equal monthly amounts, so that at the end of the fifth or tenth year of owner occupancy (by at least one of the recipients if owned jointly),the loan is fully amortized. There is no interest charged during the time period of the DPL. In the event that the sole owner dies or both/all owners die within the DPL loan period, repayment of the loan will not be required as long as their heirs are deemed to be very low and/or low-to-moderate income. If repayment of a DPL becomes due, the prorated principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the City Council may, at their discretion, allow repayment of the DPL over a term not to exceed ten (10) years, at a yield of not more than 1%below the FHA rate at the time the DPA becomes due. Homeowners whose household incomes do not exceed the HUD Section 8 low-to-moderate income limit will receive a Deferred Payment Loan for 100%of the cost of rehabilitation. No funds will be provided for vacant, renter-occupied or commercial properties. With the exception of the demolition/relocation program, where the owner of a dilapidated structure received a payment for a replacement structure and the existing structure is removed, no existing very low and/or low- and moderate income housing units will be demolished or converted to non-low and moderate-income housing under this project. 17 t ` i 1 1 $ I $ t I The maximum DPL for an owner-occupied single family dwelling from CDBG funds is $59,500.000 unless approved by the City Council. This amount also includes the cost of temporary relocation activities. If rehabilitation costs require more than $59,500.00 and the owner is unable to finance the additional cost, the dwelling unit may be disqualified unless alternative funding is available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very high costs frequently adversely impact other units planned for rehabilitation, therefore the ability to maintain the necessary average must enter into the decision process. —HAP requirement e. As a general policy, a contingency amount of about 5% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit, or if the Administrator determines that the situation does not require a contingency fund. There might be instances where it will be necessary to combine the financial resources of the CDBG and other housing programs to provide appropriate housing assistance to the residents of the City. In these instances, all program guidelines must be strictly adhered to. XI. PROCEDURES A. Application and Inspection v, Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation of the housing unit. If either the owner or the structure does not meet eligibility requirements for program participation, the Housing Rehabilitation Specialist will reject the application. A written rejection notification will be sent to the owner via certified mail and the local government designated representative within ten(10)days stating the reason for rejection. If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the Housing Rehabilitation Specialist. The cost estimate for the job is considered confidential information until bid opening. 18 ! ! I ! I ! 1 1 1 1 1 1 1 1 1 1 I 1 If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals,bids are solicited for the job. B. Solicitation of Potential Contractors—HAP requirement n and o. The City wishes to encourage local general contractors, building contractors, and residential contractors to participate in the Housing Rehabilitation Assistance Program. The construction work on a dwelling will be completed by a state registered or certified general contractor,residential contractor, and building contractor, and who is licensed by the Florida Department of Business and Professional Regulation. Contractors residing or maintaining offices in the local area will be recruited through posting of public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort may be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors,or advertisements placed soliciting them,will be placed in the appropriate program file, if applicable. The City shall always exercise care and good judgment in approving a contractor. An informational meeting to discuss the CDBG program may be held with all potential contractors who wish to participate in the program. Each contractor shall be required to complete a Contractors Qualification Questionnaire prior to being awarded any projects. LA In order to participate in the Housing Rehabilitation Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation. Basic contractor qualifications include: 1. Current license(s)with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance: Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury,_including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. Copies of certificates shall be provided to the City. The Contractor shall provide 19 1 t i 1 w i 1 1 1 1 1 i 1 1 f i i 1 the City with a certificate of insurance from the insurer guaranteeing ten(10) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; (b) references from three(3) subcontractors who have subcontracted with the contractor; (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; 5. Satisfactory references from at least three(3)parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA. The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre-bid conference. Program procedures, such as bidding and payment are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship,or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely prior to the submission of a pay application to the City; 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; 7. lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner; 20 1 1 1 i f i 1 1 f 1 1 i 1 1 1 1 f 1 f 10. inability or failure to direct the work in a competent and independent manner; 11. failure to honor warranties; 12. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to a minimum of three(3) consecutive requests for bids; or 15. at the contractor's request. D. Bidding Bidding shall be done on a competitive bid basis. The City will advertise for bids at least twelve (12) days prior to the bid opening in a local paper and a paper of general circulation. A memorandum may be mailed to minority contractors and interested contractors at least twelve (12)days prior to the bid opening. The City will prepare the bid package, advertise and review all bids to determine if the bid is responsible and responsive. Each contractor must attend a pre-bid conference held at the house to be rehabilitated or demolished and a new replacement home construction. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). Sealed bids will be opened at a public bid opening. The bids will then be tabulated. The City Council shall award the construction contract to the lowest responsible and responsive bidder who is within plus or minus fifteen (15%) percent of the cost estimate prepared by the Housing Rehabilitation Specialist. The City Council reserves the right to reject any and all bids and to award in the best interest of the owner and the City. No housing unit owner, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub-contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. E. Contractor's Work Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts. No contractor will be allowed to have more than five (5)jobs under construction at one time without consent of the local government designated representative unless: 21 1 1 1 i 1 i 1 1 1 1 1 i 1 1 1 1 i 1 1 1) the anticipated date of commencement is after the scheduled, and estimated, date of completion of current jobs; or 2) the contractor has demonstrated, through past performance his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the City Council if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive,or if other extenuating circumstances arise. F. Contracting The Housing Rehabilitation Specialist presents each case to the City Council before the DPL and contract is signed. The DPL amount, contract amount, contractor and owner eligibility are all approved by the designated representative of the City. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the City Council. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 45 - 60 days)begins with issuance of the Notice to Proceed. { D. Change Orders—HAP requirement p and q. Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Housing Rehabilitation Specialist and the designated City representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations found after 22 construction begins as documented by the local building official. A bonafide code violation report must accompany the change order request. Other changes will be at the owner's expense. Any change orders which cumulatively exceed One Thousand Dollars ($1,000.00) above the original contract amount shall only be paid with CDBG funds if the change orders are to correct documented code violations based on a bonafide code violation report. Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders exceeding this amount shall require the authorization of the City Council. E. Paint The Homeowner shall select the color of paint to be used. Once selected by the Homeowner, the paint color shall not be changed by the City, the Contractor or the Homeowner. The use of lead based paint shall be prohibited in dwelling units rehabilitated with Community Development Block Grant funds. If addressing a pre-1978 home with Community Development Block Grant funds, the City shall procure the services of a Lead Paint Inspection firm to conduct the required Lead Paint tests (i.e., initial inspection, the Risk Assessment, and the clearance test.) tit, The homeowner shall be notified of the hazards of lead-based paint poisoning: -HAP requirement t. 1) Advised that the property may contain lead-based paint; 2) Advised of the hazards of lead-based paint; 3) Advised of the symptoms and treatment of lead poisoning; 4) Advised of the precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards); 5) Advised of the need for and availability of blood lead level screening for children under seven(7)years of age; and 6) Advised that if lead-based paint is found on the property, appropriate _removal and/or abatement procedures may be undertaken in accordance with Florida Department of Community Affairs Technical Memo: HCD: CDBG-93-12,dated November 30, 1993. 23 1 ! 1 1 1 E. Initiation of Construction When the contract has been successfully awarded, the participant may be required to temporarily relocate out of their residence. The participant will have their belongings moved and stored in accordance with the Temporary Relocation Guidelines of the Antidisplacement and Relocation Assistance Plan or City of Okeechobee FY 2009/2010 Housing Assistance Plan Guidelines, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month may be paid for the duration of the construction period. After the participant has vacated the dwelling unit and the Notice to Proceed has been issued, the house is then rehabilitated in accordance with the rehabilitation standard specifications,the standard building code, and the work write-up. F. Inspections Periodic inspections of the rehabilitation construction are performed by City of Okeechobee and the Housing Rehabilitation Specialist throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. LA Inspection and approval of completed work must be conducted by the Housing Rehabilitation Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. G. Payment Payments shall be made in accordance with the terms outlined in the contract between the homeowner and the contractor. The Demo/Replacement Payment Schedule will be explained in the construction contract between the homeowner and contractor. Approval of any payment requires: 1. a determination by the Housing Rehabilitation Specialist and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed depending 24 on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor; 2. approval of the work by the owner; and 3. an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request(as evidenced by full or partial waiver of lien from subcontractors); or (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires inspection by the Housing Rehabilitation Specialist and: -HAP requirement k. 1. acceptance of all work by the property owner, the Housing Rehabilitation Specialist and designated representative; - HAP requirement y. 2. statement by contractor that all work, including change orders,has been completed; - HAP requirement w. 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty coveting the entire job for one year,etc.); 3. waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice; 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building(and other applicable) code requirements; - HAP requirement x. 5. completion of all punch list items; 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner; and 7. all of the above documents shall be placed in the appropriate housing case file at the City. —HAP requirement v. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. A record of all pertinent information may be presented to the City Council for their review in accordance with the Complaint Procedures. The City Council has the authority to uphold, rescind or reverse a previous determination. An appeal of the local determination/decision made by the City 25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Council should be filed with the Department of Community Affairs, if applicable. Sufficient documentation to this effect shall be placed in the case file. Upon completion of the project, the local building inspector will issue a Certificate of Occupancy. The participant is required to move back into the dwelling unit at this point. H. Warranty of Work by Contractor All rehabilitation work performed by the Contractor shall be covered by a one (1) year warranty. Such warranty shall confer upon the Homeowner, for a period of one (1) year,the right to require the Contractor to correct significant defects and inadequacies in the work performed under the construction contract. I. Disputes and Contract Termination Disputes,the owner's right to stop work, and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. J. Follow-Up cT ° After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the contractor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. 26 1 I I i t t 1 t XII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti-displacement and Relocation Policy. B. Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The Program Administrator will decide with the Housing Rehabilitation Specialist on a case-by-ease basis about the feasibility of demolishing an existing housing unit and the construction of a new slab "site built" replacement unit. Decision items will include budget, zoning, replacement requirements,cost estimates, and a number of other items that may vary case-by-case. Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications based on household size and composition of those who live in the home. Bidding contracting and inspections then proceed as in the rehabilitation process. Cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits that may not be exceeded without approval from the City Council are: (a) four or more bedrooms - $80,000 (b) three bedrooms-$78,500 (c) two bedrooms- $70,500 27 i 1 1 t i 1 I I i 1 I 1 1 t 1 i i 1 i I Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other households, may dictate that some homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined,no CDBG funded demolition will occur. XIII. INSURANCE—HAP requirement j. In designated flood plain areas where the existing housing unit is being demolished and a new housing unit is being constructed,the floor elevation of the new unit must be located above the existing one hundred(100) year flood plain elevation. The one hundred (100) year flood plain elevation benchmark must have been established by a registered land surveyor. The owner shall be required to obtain flood insurance on the residence as part of the CDBG Program requirements. The cost of the flood insurance shall be an eligible CDBG grant expense. XIV. RELOCATION/DISPLACEMENT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the City of Okeechobee Community Development Program; since City of Okeechobee does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, temporary relocation services consisting of storage and temporary rental will be provided in accordance with guidelines outlined the City of Okeechobee Anti-Displacement and Relocation Policy and CDBG Housing Assistance Plan. Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, the Administrator shall send written notification to the applicant, stating that the application has been rejected and the reason for the rejection. 28 r a r r r a XV. APPEALS/COMPLAINTS The Housing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by the City Council to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 15 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the City of Okeechobee City Council in accordance with the Complaint Procedures. The City Council will review the grievance and make a decision based upon program regulation, local policies, and availability of funds. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. XVI. PROGRAM INCOME No program income is planned to result from this program. Deferred Payment Loans will be monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement. After the expiration of the agreement between City of Okeechobee and the State,the monitoring will be performed by the designated representative. w If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized by the Department of Community Affairs, Program income or DPL payment received subsequent to closeout will be returned to the Department of Community Affairs unless the state's program income regulations are changed. XVII. REPORTS, RECORDS AND DATA The City shall retain and maintain accurate files and records on each applicant including all documentation pertinent to the applicant. Such files shall be open for inspection and retained for a period of not less than six (6) years following the satisfaction of the applicable DPL. The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, reports, estimates, records and other data as the City may request concerning work performed or to be performed under this Program. 29 a a 1 1 a 1 1 a 1 1 1 The City shall provide to the Department the following information as part of the closeout package: a. address of housing unit rehabilitated, date completed, and amount of CDBG funds expended on housing unit; b. information regarding head of household, handicap status, and elderly status of household; c. information regarding income status(i.e., very low income or low-to-moderate income); d. number of occupants of each household, categorized by sex; and e. racial demographics of each household.—HAP requirement z and aa. The Contractor shall be required to maintain his/her reports, records and data for the rehabilitation work for a period of six (6) years, from the date of the final approval of rehabilitation work completed under this Program. XVIII. PROPERTY ACQUISITION POLICY A. Voluntary City of Okeechobee may purchase property with Community Development Block Grant funds for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The City shall determine the property features needed and the budget available for the purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget, and indicate that the purchase is voluntary. No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance so owner- occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The City Council is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location and/or interest to be acquired. The City Council prior to publication of a public notice or attendance of any local government representative at a property auction must approve all voluntary acquisitions in principle. 30 A public notice must be published inviting offers from property owners. This notice must: 1. accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3, specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner-occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached. Clear title must be present in every transaction. The City Council must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the City Council that can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. B. Non-Voluntary Acquisition Plan Acquisition of property(including easements and right-of-way)using federal funds shall occur in accordance with the Uniform Relocation Act of 1970(as amended)and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (8) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) 31 M 1 1 1 1 1 i i i 1 1 1 I 1 i f I i i settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained. The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. C. Timing/Planning Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to effect a design that is not wholly site dependent,that is, where two or more sites are suitable for the project. It is recognized this may not always be possible,however, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The City Council shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur, minimized. XIX. AMENDMENTS The City Council shall have the right to change, modify or revoke all or any part of these guidelines by a majority vote. 32 I I I 1 I I I I I I I I I I I I I I I APPENDIX L PUBLIC HEARING DOCUMENTATION 67 1 1 OMP IND PENU ENT: _ • '- c ' k•'NEWS AF"E .S TT'AT$,r r';,�r,.f „yx . F-:'!r.-,•., :144191V,Rs.,',*i=+t3it*1s i ro.yS:tt+ tYF'a3t:k'SF P#,0,•. OKEF CTIOBEIE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 31971 (S63)763-31 34 • 4i STATE OF FLORIDA COUNTY OF OKEECI'-1OBEE Before the undersigned authority personaIIy appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three "llri times a week Newspaper published at Okeechobee, in Okeechobee County, Flo5a, that the attached copy of advertisement being a r LL-__b-t Lc 'rill,; (.' P oil .. ` FIRST PUBLIC HEARING NOTICE in the matter of I r =a�, �,:�,,_�•_�_.-,t 1_vuAL,-t‘A--c.,�-Q�ai,,,, Okeechobee will be Grant conducting a Public Hearing for the FY 2009 1—�� I CAPtIbtr 4.Development Block Grant(CDBG)grant program. The City Is edglb to receipt u b t o h$e 7 00 00 from rtthe Florida mSmuall ty CAas i BTG h e p r rar 'de minutnedd w(I y bte used ofor a one patme enollowoing punriposes:l�L.\<,-- CJZ C),..(\,.._1'410 FoY- in the 19th Judicial District of the Circuit Court of .'l n ieivandmonorehiminme ufslumor O.a�Me In the prevention or elimination of slums or blight;or'- : Okeechobee County, Florida, was published in said ` park threat t other community development needs of reent origin having a l.. '�`partk0(ar urgency bemuse welfare of the co pose ac serious and Itnme- el0 newspaper in the issues of diat2 otr the reaotarwelfert of meet such needs.and where other ff- sources are not available to meet such needs. „-kgo es of activities for which the FY 2009 funds ma be used are in ' a y the•areas of housing,neighborhood revitalization,commercial revitalization, \ " ' or ecOnomic development and Include such Improvement activities as acqul- `-` -_.___ soon ot9eal,property,loans to private-for-profit business,.purchase of ma- ' Affiant further says that the said Okeechobee News ' - '�Inggry, `Trld equipment, construction of infrastructure,'rehabdltation of = hod5esnd'commerdal buildings,and energy conservation. Additional in- forrnatbn regarding the range of activities that may be undertaken will be "a is a newspaper published at Okeechobee, in said ' ,, provldeddaatt the public hearing. . ". t , .r., k. For eacfi'activity that Is proposed,at least 70%of the funds must benefit . Okeechobee County, Florida, and that said newspaper t low and moderate income persons. has heretofore been published continuously in said in developing an application for submission to OCA,the City must plan to . to Okeechobee County, Florida each week and has been addimin,theCitymeequi persons elaresla ofpsnnedCDBGacersons In addigon,,the City is required to develop a plan to assist displaced persons, entered as second class mail matter at the post office in tea. 7� . Tire ppublic heating to receive citizen views concerning the community's eta- f nomlc and community development needs will be at the City Council meet- (ng held in the City of Okeechobee Council Chambers on Tuesday,February Okeechobee, in said Okeechobee County, Florida, for a 16;'2010 at 6:00p.m. The meeting will be held'at the Okeechobee Gty Halh3P SE3rd Avenue;Okeechobee, For Information concerning the public ' r period of one year next preceding the first publication heafthg,contact the City Administrator's Office or telephone f63-763.3372. of the attached copy of advertisement, and affiant fur- The a public hearing Is being conducted In a handicapped accessible bcadon, that says that she has neither paid nor promised any AMY'etrarimpa person requiring an interpreter for the hearing Impaired or 6 the ylandi Pm fired should contact the G e Ad or.eator's Office at least Y flue Galen ar ays prior to the meeting an an Interpreter will be provided. Any:eon•Englisht speakingg person wishing to'attend the,public rearing person, firm or corporation any discount, rebate, corn- should contact the City Adminletator's Office at least five calendar days i p prior to the meeting and a language interpreter will be provided. To access ' mission or refund for the purpose of securing this a=gTelecommunption Device for Deaf .Persons (TOO) please call advertisement for publication in the said newspaper. atBths meeting hoe handicapped contact the person dmqinlnna special accommodation One at this meeting should contad the City Administrator's Office at least five • calendar days prior to the meeting, by:James E Kirk;Mayor _ _ arM /�-----\ If /___--- ? Lane Gamiotea,CMC,City Clerk i - '_ 9 (��l Y 3456110142/7/10. J Judy Kasten Sworn to and subscribed before me this 6 ku- .?Z---day of -f-_ %' L-LGA-.).\L,v= — AD ;� l�1 U di Notary Public,State of Florida at Large vll. (;) 5.111, r, - i - r r .p NOTARY PUBLIC•STATE OF P ORIDA , Angie Bridges Commission #DD779713 • Expires: APR,20,2012 AP BOI DEll 1711111 AT1r1N-TIC BONDING CO.,INC. 6% I i i it i I I I t t II II I II I I I 1 i opt'. t '; CITY OF OKEECHOBEE c FEBRUARY 16, 2010 REGULAR CITY COUNCIL MEETING = � SUMMARY OF COUNCIL ACTION. J.4' 421„,,1 PAGE 1 OF S I AGENDA h COUNCIL ACTION •DISCUSSION•VOTE I. CALL TO ORDER•Mayor: February 16,2010,City Council Regular Meeting,6:00 p.m. Due to the absence of Mayor Kirk,Council Member Watford,acting as Mayor Pro-Tempore called the February 2,2010 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev.Bruce Simpson,First United Methodist Church; The invocation was offered by Reverend Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor. followed by the Pledge of Allegiance led by Mayor Pro-Tern Watford. III. MAYOR,COUNCIL AND STAFF ATTENDANCE-City Clerk. City Clerk Gamiotea called the roll: Mayor James E.Kirk Absent Council Member Lowry Markham Present Council Member Mike O'Connor - Present 1 Council Member Dowling R.Watford,Jr. Present(serving as Mayor Pro-Tempore) Council Member Clayton Williams Present City Administrator Brian Whitehall Present City Attorney John R.Cook Present City Clerk Lane Gamiotea Present Deputy Clerk Melisa Jahner Present Police Chief Denny Davis Absent(Lieutenant Hagan was present) Fire Chief Herb Smith Present Public Works Director Donnie Robertson Present IV. MINUTES-City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 2,2010 Regular Meeting-City February 2,2010 Regular Meeting;seconded by Council Member O'Connor. There was no discussion on this item. Clerk. VOTE KIRK-ABSENT MARKHAM-YEA O'CONNOR-YEA WATFORD•YEA WILLIAMS-YEA MOTION CARRIED. r r r r r r r r r r r 1 r r r r r t t FEBRUARY 16,2010- REGULAR MEETING-PAGE 2 OF 5 AGENDA ( COUNCIL ACTION•DISCUSSION-VOTE V. WARRANT REGISTER-City Administrator. A. Motion to approve the January 2010 Warrant Register: Council Member Markham moved to approve the January 2010 Warrant Register in the amounts:General Fund,four hundred sixty-five thousand,one hundred eleven,and eighty-one cents;($465,111.81);Capital Improvement Projects General Fund $465,111.81 Fund,four hundred fifty-three thousand,sixty-six dollars and sixty-seven cents($453,066.67);Capital Improvement Capital Improvement Projects Fund $453,066.67 Projects Fund-Impact Fees, twenty-five thousand, six hundred four dollars and thirty cents ($25,604.30); Public Capital Improvement Projects Fund-Impact Fees $ 25,604.30 Facilities Improvement Fund, seven thousand, six hundred forty-five thousand and forty-five cents ($7,645.45), Public Facilities Improvement Fund $ 7,645.45 seconded by Council Member Williams.There was no discussion on this item. VOTE KIRK-ABSENT MARKHAM-YEA O'CONNOR-YEA VI. AGENDA-Mayor. WATFORD-YEA WILLIAMS•YEA MOTION CARRIED. A. Requests for the addition,deferral or withdrawal of items on today's Mayor Pro-Tern Watford asked whether there were any requests for the addition,deferral or withdrawal of items on agenda. today's agenda?There were none. VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM-Mayor. MAYOR PRO-TEM WATFORD OPENED THE FIRST PUBLIC HEARING FOR CDBG AT 6:04 P.M. A.1.a)Discuss the CDBG Program for Fiscal Year 2009 Funding Cycle- Mrs. Nancy Phillips, Grant Administrator, addressed the Council by stating,this is the first of two required public Nancy Phillips,Grant Administrator, hearings for the upcoming 2009 Community Development Block Grant cycle.The state will be releasing funds in June for 2009 cycle, and late fall for the 2010 cycle. There are four categories in the CDBG program: (1) Housing - Rehabilitation,corrects code violations in substandard housing owned and occupied by low-to-moderate income eligible residents of the City; (2) Neighborhood Revitalization, used to install public infrastructure improvements (water/sewer)in low-to moderate income neighborhoods of the City;(3)Commercial Revitalization,is used to provide infrastructure improvements in the Commercial Redevelopment Area(CRA)of the City.Under this program,facade improvements can be made to businesses located in the CRA;(4)Economic Development,is based on job creation by a private business entity.Normal activities are the construction of public infrastructure required to create the jobs. Examples are water and sewer line extension,roadway or sidewalk improvements. The City is eligible to receive up to$700,000.00 in grant funds,and could apply for two grants as long as one of them is an Economic Development Grant.Each activity that is proposed,at least 70 percent of the funds must benefit low to moderate income persons.Mrs.Phillips requested to meet with Staff to determine which proposed projects could meet all the necessary requirements for the highest possible qualifying score and then present to City Council at a later date for final approval before submitting the application. The last project the City received was for Commercial Revitalization,it was funded during the 2008 FY cycle,and was used for sidewalks and lighting. l 4 8 1 I tI ti 1 8 1 It I 1 t 8 1 1 i �' FEBRUARY 16,2010- REGULAR MEETING-PAGE 3 OF 5 AGENDA I I COUNCIL ACTION-DISCUSSION-VOTE VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM CONTINUED. A.1.b)Public comments. The floor was opened to receive comments or questions from the public.There were none.The concensus from the Council was to authorize Mrs.Phillips to meet with Staff as requested. CLOSE PUBLIC HEARING. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:13 P.M. VIII. UNFINISHED BUSINESS. A. Discussion regarding proposed changes to the sign regulations- Planning Consultant Brisson submitted a memorandum dated February 2,2010,outlining 11 sign regulation sections City Planning Consultant(Exhibit 1). -to be amended based on discussions from the January 19,2010 meeting.Administrator Whitehall distributed prior to today's meeting two memorandums,one from Attorney Cook regarding clarification on F.S.812.173,commercial window sign limitations,as well as one from him that coordinates with Mr.Brisson's memorandum. (1)Section 90-567,covering the windows,or glass doors,inside or out,(sticky-back),is allowed without a permit and without limitations,subject to statutory regulations.Following the discussion,Council agreed with this language. (2)Section 90-569,artwork,non-commercial(not murals)have a 100 square feet limit and must not distract drivers, this is not to be confused with commercial artwork found in Section 90-588,which is considered a building sign,and limited to the building width.No permit will be required.Consensus of the Council was to move forward with this language. The next four items were discussed together:(3)Section 90-570,no permit required for temporary signs indicating for lease,for sale,for rent,have size/time limits but generally are not counted in the sign count restriction;(4)no permit required for construction signs,have limits(size,time)but no sign count restriction;(5)no permit required for signs for events(fairs,festivals,public functions),to be located on the same lot as the event or have written consent for off premises,no sign count limit;(6)CBD downtown area,no permit required on portable signs and can be on sidewalk during business hours,no sign count limitation.Council agreed. (7)Section 90-571,monument signs,keep same as before,a monument sign is a ground sign and requires a building permit.Consensus of the Council was to move forward with this language. (8)Section 90-572,sign size limits:A.Building-type signs(attached to a building and requires a building permit);single business building,one square foot for each linear foot of building front,with maximum of 60 square feet(on any one side)except those facing Park Street and Parrott Avenue,and they are only limited by the linear feet of the building; .. INDEPENDENT NEWSPAPER5 OKEECHOBEE NEWS 107 S 14 17th Street,Suite D,Okeec huher,PL 34`)74 (863)763-3134 Ali MI _ STATE OF FLORIDA SECOND PUBLIC HEARING NOTICE COUNTY OF OKEECHOBEE The City of Okeedrobee is applying to the Florida Department of Commu- nity Affairs(DCA)for a grant under the Housing Rehabilitation category in an amount up to$700,000 under the FFY 2009 Florida Small Cities Commu- ar nity Development Block Grant(CDBG)Program.For each activity that is Before the undersigned authority personally The funds must° 'aid be" CM.moderate ncome persons for whidh is applying are: appeared Judy Kasten, who on oath says she is Percentage Benefit to Advertising Director of the Okeechobee News, a three Low and AO Dollar Amount Income Persons times a week Newspaper published at Okeechobee, in 14aRehab/Deno/Replacement $560,000 100% 008 Temporary Relocation $35,000 100% Okeechobee County, Florida, that the attached copy of 21A Administration $105.000 N/A advertisement being a____•(y{�'' �. ,41-4- c..C'-z . $700,000 no J - At the time of this notice,It Is unknown if the grant appfcatkm will have any leverage, ' r, in the matter of __ -rs.... .. 4-“�f1- ° `ii ' The CDBG project will undertake rehabilitation,demoitbn and/or replace- ment J ment of 10 low and moderate income housing units. Temporary relocation benefits will also be provided to program benefiaares. AO The City of Okeechobee plans to minimize displacement of persons as a re- ----- - - sult of planned CDBG funded activities in the following manner:No penna- in the 19th Judicial District of the Circuit Court of nent displacement is anticipated.Only temporary relocation is antidpated. If any persons are displaced as a result of these planned activities,the City Okeechobee County, Florida, was published in said will assist suds persons In the following manner:The City.will follow the guidelines outlined In their Antidisplacement and Relocation Policy and their ,r newspaper in the issues of Local Housing Assistance Plan. / A ublic hearing to provide citizens an opportunity to comment on the appii- / cation will be held at th City Council meg on Tuesday,July202010 at.7 l 7/6 6:00 p.m.This meeting will be held at the Okeechobee City Hall,55 S.E. Third Avenue.A draft copy of parts of the.application will be available for review Affiant further says that the said Okeechobee News the CityaAdministramrs Office on ay through Friday between�thehours two y of 8:30 a.m.to 1:00 p.m.and 2:00 p.m.to 4:30 p.m.no more than five er is a newspaper published at Okeechobee, in said days after July 20,2010.The,application will be submitted to DCA on or be,- } I� P fore Juty 22,2010.To obtain additional information concerning the applica- Okeechobee County, Florida, and that said newspaper bon and of public hearing E.idMAveennuewOkeetob Administrator, has heretofore been published continuously in said 863-763.3372. sir The public hearing is being conbucted in a handicapped accessible location. Okeechobee County, Florida each week and has been Any hstdicapped person requiring an Interpreter for the hearing impaired or the visually impaired shall contact Mc Whitehall at least five calendar days entered as second class mail matter at the post office in prior to the meeting and an interpreter will be provided.Any non-English spe king person wishing to attend the public hearing should contact Mr. Okeechobee, in said Okeechobee County, Florida, for a Whirl "gN at least t five calendar days prior to the meeting and a language in- terpreter terpreter win be provided.To access a Teecommunicat on Device for Deaf Persons(TDD),please call the Florida Relay Service at 1-800-955-8771.Any period of one year next preceding the first publication handicapped person special accommodation this meeting erwn least prior the attached copy of advertisement,and affiant fur- ling.. ther says that she has neither paid nor promised any PPuus<�uantvtl Section be bm602o the HUD th Reform application.ct of 1989 the following dis- closures disclosures will person, firm or corporation any discount,rebate,corn- be made available by the City of Okeechobee and DCA for public Inspection ,� , c upon request.These disclosures will be available on and after the date of mission or refund for the purpose of securing this mum submission mmiperio of the application shall continue to be available for a mini- period of slot years. advertisement for publication in the said newspaper. 1.Other government(federal,state and local)assistance to the project In . 1 the form of a gift,grant,loan,guarantee,insurance payment,rebate, subsidy,credit,tax benefit,or any other form of direct or indirect benefit AO by source and amount; ,_� ��_�� ,� - 2.The identiti s and unary interests of all developers,contractors,or } JIIC�l Kllsten consul ants invoH in the application for assistance or in the planning or i1 development of the project or activity; Sworn to nd subscribed before me this 3.The identities and pecuniary interests of any other persons with a pecu- niary Merest in the project that can reasonably be expected to exceed AMP "7r'-/. ,r $50,000 or 10%of the grant request(whichever is lower); 1 day f _-/ '3_C-_ / C AD 4.For those developers,contactors,consultants,property owners,or°th- y - ent listed hi two(2)or three(pe above which are co corporations other entitles,the tlon and pecuniary interests by corporations or en- tity of each officer,director,pnndpal stockholder,or other official of the entity; ISO Notary Public, State of Florida at Large 5.The sources al funds to be provided m tit project by each of the ers of those funds and the amount provided;;and 6. The expected uses of all funds by activity and amount. A public workshop on Fair Housing will also be conducted for elected offi- a � dads and the ggeennerall ppourbNG by:lane Gamiotea Mayor City Clerk •T 359050 ON 7/11/10 AM NOTARY PUBLIC-STATE OF FLORIDA '''"•1 Angie Bridges LiTi+ `--Commission#DD779718 �•.,,,,,,,,r Expires: APR.20,2012 as BONDED TMRU ATLANTIC BONDING co.,INC. 72 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 I 1 APPENDIX M 1 SPECIAL DESIGNATION 73 1 Arne of STATE OF FLORIDA � • F . +J,fit re of the obexnor • %r' �c THE CAPITOL c p t TALLAHASSEE, FLORIDA 32399-0001 JEB BUSH www.flgov.com " GOVERNOR 850-488-7146 850-487-0801 fax June 15,2006 The Honorable James E.Kirk,Mayor City of Okeechobee 55 S.E.3rd Avenue Okeechobee,Florida 34974 RE: Rural Area of Critical Economic Concern Memorandum of Agreement Dear Mayor Kirk: Enclosed please find an original,fully executed Memorandum of Agreement(MOA) between the City of Okeechobee which is within Okeechobee County, and the Governor's Office of Tourism,Trade and Economic Development(OTTED). Okeechobee County is part of the South Central Florida Rural Area of Critical Economic Concern which was re-designated February 16,2006 by Executive Order Number 06-34, expiration date of February 16,2011. Pursuant to Florida Statute 288.0656(7),designation as a rural area of critical economic concern shall be contingent upon the execution of memoranda of agreement between OTTED and the governing bodies of the counties and municipalities in a rural area of critical economic concern. Please retain this original for your files. If you have any questions assistance,please do not hesitate to call me at(850)487-2974 or email me at diane.scholz@,myflorida.com. -■ Sincerely,n Diane Scholz Assistant Coordinator,Rural Issues Office of Tourism, Trade and •• Economic Development cc: Florida's Heartland REDI / Governor's Mentoring Initiative BEA MENTOR BE A BIG HELP. cf\4' 1-800.825-3786 '" 74 THIS STANDARD MEMORANDUM OF AGREEMENT IS A COOPERATIVE AGREEMENT BETWEEN: TH Ill OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT �- AND THE CITY OF OKEECHOBEE,FLORIDA Background and Purpose of Agreement .. The purpose of this Memorandum of Agreement(MOA)is to document the terms and conditions of partnership between the Office of Tourism, Trade and Economic Development(OTTED) and the City of Okeechobee for the implementation of the .. Rural Area of Critical Economic Concern re-designation. The Governor and the Legislature recognize that,while Florida's urban communities have grown rapidly over the past 45 years,Florida's rural communities have not shared this growth and prosperity. The Governor and Legislature further recognize that although successful rural communities are essential to the overall success of the state's economy,the well being and viability of many rural communities is becoming • more difficult as they struggle to maintain their capacity to support or enhance job creating activity for their residents or to generate revenues for education and other "' critical government services such as infrastructure,transportation and safety. The Governor and the Legislature found that in many cases rural communities have and continue to experience severe and sustained economic distress. Job creation rates are significantly lower than those in more urbanized areas. In several cases,rural communities have lost jobs. These factors handicap local economies and drain wealth from these communities. It was further found that support provided by many state programs and service delivery is often hampered by the structure of the programs themselves and the lack of local resources. Accordingly,the Legislature enacted,and the Governor signed in to law, Chapter 99- 251,Laws of Florida,which expressed the intent to provide for more efficient and effective delivery of programs of assistance and support to rural communities including the use where appropriate, of regulatory flexibility through multiagency coordination and other measures,and declared the implementation of measures W" providing such assistance to fulfill an important state interest. Chapter 99-251, Laws of Florida, also created Section 288.4656,Florida Statutes,which authorized the establishment of the Rural Economic Development Initiative(REDI)within OTTED and the designation of up to three Rural Areas of Critical Economic Concern. Section 288.0656,Florida Statutes,defined a Rural Area of Critical Economic Concern as a region composed of rural communities adversely affected by . extraordinary economic events. Thus,pursuant to Section 288.0656 (7),Florida Statutes,representatives of the twenty-one state and regional agencies and organizations comprising the Rural Economic Development Initiative met on January 17,2006 and recommended the re-designation of the Counties of DeSoto, Glades, Hardee,Hendry,Highlands, Okeechobee, and the Cities of Belle Glade,Paholcee and South Bay in Palm Beach County, and the Immokalee Area in Collier County as a Rural Area of Critical Economic Concern. On February 16,2006, Governor Bush signed Executive Order#06-34 which implemented the re-designation. This MOA establishes an understanding between OTTED and the City of Okeechobee as to the responsibilities of the Rural Economic Development Initiative and those of the City of Okeechobee to ensure the benefit of re-designation as a Rural Area of Critical Economic Concern. IL The Rural Economic Development Initiative The Rural Economic Development Initiative(REDI)is responsible for coordinating and focusing the efforts and resources of state and regional agencies on the problems which affect the fiscal, economic, and community viability of Florida's rural communities;working with local governments, community-based organizations, and private organizations that have an interest in the growth and development of these communities to find ways to balance environmental and growth management issues with local needs. �• Through REDI,participating agencies make the following commitments. 1. Facilitate better access to state resources by providing more direct access and referrals to appropriate state and regional agencies and statewide organizations. ... 2. Designate a specific staff person or persons from within the agency or organization to serve as the representative for that agency or organization in matters relating to the Rural Areas of Critical Concern. This person may be the same individual as has been designated to serve as the agency's or organization's representative to REDI. 3. The staff representative shall be the primary point of contact for his or her agency with REDI on issues and projects relating to the Rural Areas of Critical Economic Concern and,with regard to expediting project review, ,,. shall ensure a prompt, effective response to problems and issues, and shall work closely with the other REDI representatives in the identification of opportunities for preferential awards of program funds as well as allowances and waiver of program requirements when possible and appropriate to encourage and facilitate long-term private capital investment,job creation, and community enhancement. 4V 76 4. Projects within the Rural Areas of Critical Economic Concern shall be priority assignments for agencies within REDI. 5. On a case-by-case basis,REDI may recommend to the Governor waivers of criteria,requirements or provisions of certain economic development incentives including but not limited to the Qualified Targeted Industry Tax Refund Program,the Quick Response Training Program,the WAGES Quick Response Training Program,the Economic Development Transportation Fund,the Brownfield Bonus Tax Program, and the Rural Job Tax Credit Program. III. The Participating Community Pursuant to Section 288.0656,Florida Statutes, and to Executive Order#04-250,re-designation as a Rural Area of Critical Economic Concern shall be contingent upon the execution of a Memorandum of Agreement between OTTED and the governing bodies of the Counties and the governing bodies of the Municipalities included within the area. Such memoranda shall specify the terms and conditions of the designations,including the duties and responsibilities of the Counties and Municipalities to take actions designed to facilitate the retention and expansion of existing businesses as well as the recruitment of new businesses to the area,and improve the quality of life for their residents. The City of Okeechobee makes the following commitments. �• 1. Designate a specific person from among the City of Okeechobee elected or appointed officials and one person from a non-profit organization engaged in economic development activity to serve as an alternate for the community in matters relating to the South Central Florida Rural Area of Critical Economic Concern. These individuals may be the same as have been designated to serve as the community's representative to other, similar organizations. The names and contact information for these individuals are attached as Exhibit A. 2. Projects within the South Central Florida Rural Area of Critical Economic Concern shall be priority assignments for local agencies under the control of the governing body of the City of Okeechobee. These agencies will work cooperatively with REDI agencies to implement these projects 3. The governing body of the City of Okeechobee will work to ensure priority consideration and cooperation among local organizations to support projects within the South Central Florida Rural Area of Critical Economic Concern. 4. The governing body of the City of Okeechobee will identify and implement those actions it believes best designed to facilitate the retention and expansion of existing businesses as well as the recruitment of new businesses and improve the quality of life for their residents. qier 77 • • •• 5. Upon request,the governing body of the City of Okeechobee will provide such information to OTTED which will facilitate REDI's annual review of the designation as a Rural Area of Critical Economic Concern. IV. Implementation and Duration Pursuant to Executive Order#06-34,the re-designation of the South Central Florida Rural Area of Critical Economic Concern affecting the Counties of DeSoto, Glades,Hardee,Hendry, �• Highlands, Okeechobee,and the Cities of Belle Glade,Pahokee and South Bay in Palm Beach County,and the Inunokalee Area in Collier County as a Rural Area of Critical Economic Concern. On February 16, 2006, Governor Bush signed Executive Order#06-34 which implemented the re-designation. REDI may recommend the designation be terminated or continued based on economic development progress from current base lines or upon performance under the memoranda of agreement. I. This MOA shall take effect immediately upon signature by the parties involved. 2. This MOA shall expire on February 17,2011 unless terminated earlier based on economic development progress from current base lines or upon performance as indicated above. 3. Both parties shall review this MOA periodically. If revisions are needed,notification shall be given to both parties in writing of the specific changes desired with the proposed modification language and the reasons for the revisions. With the mutual consent of both parties,the proposed changes shall become effective when both parties to the MOA have signed a modification to this agreement. 4. The City of Okeechobee may terminate this MOA at any time upon written notice to OTTED. In Witness whereof,the parties have executed this Memorandum of Agreement this day of 2006. • cn 'r -a 'P• r a,' fpana,Director James E.Kirk,Mayor" one Offic of Tourism, Trade t The of City Okeechobee -rn An conomic Development Board of City Commissioners dR° -T11-11-n rn?c-' .�' CD CD rn .. 78 The City of Okeechobee EXtIIBIT A Contact Information For An Elected or Appointed Official Name: Dowling R. Watford , Jr. Address: City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 212 Fax: (863) 763-1686 Email: dowljngwatford @okeechobeeford .com Contact Information For One Person From A Non-Profit Organization Engaged in Economic Development Name: Dawn Hoover Address: P.O. Box 718 Okeechobee, FL 34973 Phone: (863) 467-0200 Fax: Email: djjkhoover @aol.com 79 INTRODUCED AND ADOPTED in regular session this 20 day of July. 2010. ATTEST: Lane Gamiotea, •MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Do ling R. Watford, Jr., Mayor °ro- Tempore Resolution No. 10 -09 Page 2 of 2