HomeMy WebLinkAboutR-2002-027 Authorizing the formation of a steering committee to begin the neighborhood planning process RESOLUTION NO. 2002-027
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE FORMATION OF A STEERING
COMMITTEE TO BEGIN THE NEIGHBORHOOD PLANNING
PROCESS FOR MODELLO PARK, COLLEGE GARDENS AND
DANIA HEIGHTS IN PARTNERSHIP WITH FAU/FIU JOINT
CENTER AND PROVIDE FOR THE ASSISTANT TO THE CITY
MANAGER TO ACT AS THE GRANTS COORDINATOR IN
ACCORDANCE WITH THE URBAN INFILL AND
REDEVELOPMENT GRANT PROGRAM; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Dania Beach submitted a grant application to the State of
Florida, Department of Community Affairs titled, Urban Infill and Redevelopment Assistance
Grant Program which was approved by resolution on March 27, 2001 to provide a neighborhood
study of Modello Park, College Gardens and Dania Heights; and
WHEREAS, the City of Dania Beach Urban Infill and Redevelopment Area Project
booklet was created; and
WHEREAS, the next requirement is the formation of a Steering Committee comprised of
Neighborhood Associations and Faith-Based Organizations in Modello Park, College Gardens
and Dania Heights, the School Board, the Housing Authority, Local and State Government and
the South Florida Regional Planning Council, which the Mayor addresses through a letter,
inviting them to become a part of the Steering Committee, and
WHEREAS, a Grants Coordinator be named for this project and will work in partnership
with FAU/FIU Joint Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA.
Section 1. That in accordance with the approved, by resolution on March 27, 2001,
Urban Infill and Redevelopment Assistance Grant Program, the next step is the formation of a
Steering Committee, attached as exhibit "A".
Section 2. That the Mayor will address, through a letter, all organizations within Modello
Park, College Gardens and Dania Heights to participate in the Steering Committee, attached as
exhibit "B".
Section 3. That the Assistant to the City Manager be named as the Grants Coordinator
for this project and work in partnership with FAU/FIU Joint Center, attached as exhibit "C".
1 RESOLUTION NO. 2002-027
Section 4. That all documents pertaining to the formation of a Steering Committee in
• accordance with the Urban Infill and Redevelopment Assistance Grant Program are approved
and the appropriate city officials are authorized to execute. The City Manager and City Attorney
are authorized to make minor revisions to said exhibits as are deemed necessary and proper for
the best interest of the City.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 26th DAY OF FEBRUARY, 2002.
PATRICIA FLURY
MAYOR —COMMISSIONER
ATT ST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
C ARLENE JOH ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
•
APPROVED AS TO FOR AND CORRECTNESS:
BY: ��
THOMRS . ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2002-027
6 CITY OF DANIA BEACH i
MEMORANDUM
TO: Ivan Pato
City Manager
FROM: Bonnie Temchuk
Assistant to the City Manager
DATE: February 14, 2002
SUBJECT: Request for Agenda Item
Issue
I am requesting that an agenda item be placed on the February 26, 2002
agenda.
Explanation
The City of Dania Beach secured a grant from the Department of Community
Affairs, titled Urban Infill and Redevelopment Assistance Program Grant in
March, 2001. The initial report was completed and the next step is to assign a
grants coordinator to this project and begin requesting applicants for a Steering
Committee. This project will be done in partnership with FAU/FIU Joint Center
and will encompass the communities of Modello Park, College Gardens and
Dania Heights.
I am requesting that I be named as the grants coordinator for this project and that
the Mayor sign a letter inviting applicants to participate in the Steering
Committee.
Recommendation
The item be placed on the agenda for the February 26, 2002 Commission
meeting.
copy
RESOLUTION NO. 2001-035
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AN AGREEMENT BETWEEN THE STATE OF
FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE
CITY OF DANIA BEACH FOR THE IMPLEMENTATION OF A
COMPREHESIVE PLANNING PROCESS REGARDING THE
URBAN INFILL REDEVELOPMENT AREA FOR THE FISCAL YEAR
2000/2001; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That that certain Agreement between the State of Florida, Department
of Community Affairs and the City of Dania Beach for the implementation of a
comprehensive planning process regarding the urban infill redevelopment area for the
fiscal year 2000/2001, in substantial form as Exhibit "A", attached, is approved and the
proper city officials are authorized to execute it.
Section 2. That the City Manager and the City Attorney are authorized to make
minor revisions to such Agreement as are deemed necessary and proper for the best
interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on the 27th day of March, 2001.
MAYOR-COMMISSIONER
ATTEST:
ROLL CALL:
COMMISSIONER MIKES-YES
SHERYLaHAPMAN COMMISSIONER McELYEA- YES
ACTING CITY CLERK COMMISSIONER BERTINO- YES
VICE-MAYOR CHUNN- YES
MAYOR FLURY- YES
APPROVED AS TO FORM
AND CORRECTNES
• By: / EXHIBIT
eO ®'
TIAO AS J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2001-035
Contract Number: 01-UI-07-11-16-02-015
CFDA Number: NA
STATE-FUNDED GRANT AGREEMENT FOR THE
URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department'), and the City of Dania Beach, a municipal corporation organized under the laws of
Florida, (hereinafter referred to as the 'Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services, and
B. WHEREAS, the Department administers the Urban Infill and Redevelopment Assistance
Grant Program and does hereby accept the offer of the Recipient upon the terms and conditions
hereinafter set forth, and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with its Urban Infill and
Redevelopment Assistance grant application (which is incorporated herein by reference as though it
were fully set forth herein) and the Scope of Work and Schedule of Deliverables, Attachment A of this
Agreement.
(2) INCORPORATION OF LAWS RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution b both parties or January 1 2001
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whichever is later, and shall end December 31, 2001, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of"Department of Community Affairs", and mailed directly to the Department
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
• Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, the Department must add to the amount of the check or draft a service fee of Fifteen
Dollars ($15.00) or Five Percent(5%) of the face amount of the check or draft.
(5) RECORDKEEPING
(a) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final report,
whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three.year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
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3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Deliverables -Attachment A-and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with monthly reports,
. quarterly reports, and with a final report.
(b) Monthly reports shall be made by telephone to the Department's contract
administrator on or around the fifteenth of each month. Quarterly reports are due to be received by the
Department no later than 30 days after the end of each quarter of the program year and shall continue to
be submitted each quarter until submission of the final report. The ending dates for each quarter of the
program year are March 30, June 30, September 30 and December 31.
(c) The final report is due 30 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days
after written notice by the Department. "Acceptable to the Department" means that the work product
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. was completed in accordance with generally accepted principles and is consistent with the Scope of
Work and Schedule of Deliverables.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met,the Scope of Work and Schedule of Deliverables is being
accomplished within specified time.periods,.and other performance goals are being;achieved. Such
review shall be made for each function or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat,, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve.as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any
contract.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of
action by Congress, the State Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur("Events of Default'), all obligations on the part of the
• Department to make any further payment of funds hereunder shall, if the Department so elects,
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• terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of
the services required under the Scope of Work and Schedule of Deliverables attached hereto as
Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained
herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty ,
(30) days prior written notice of such termination. The notice shall be effective when placed in the
United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt
• requested, to the address set forth in paragraph (10) herein;
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• of this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for
the amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;
• fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
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• (10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract administrator for this Agreement
is:
Susan Fleming
Acting Program Administrator
2555 Shumard Oak Boulevard
Tallahassee, Florida 32319-2100
(850) 922-6070
Fax:(850)488-7688
E-mail:susan.fleming@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Jason Nunemaker, Assistant City Manager
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone: (954) 921-3069
• Fax: (954) 921-2604
Email:jnunemaker@ci.dania-beach.fl.us
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
. for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
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• with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement,shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public
• and private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(fl A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,may not submit bids on
leases of real property to a public entity, may not be awarded or perform.work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of Category Two for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the Recipient certifies, to
the best of its knowledge and belief, that it and its principals:
•
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• 1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public(federal, state or local) transaction
or contract under public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
11(g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
• Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted-accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
•
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(d) In the event that the Recipient expends a total amount of State awards (i.e., State
financial assistance provided to recipient to carry out a State project) from all state sources equal to or in
excess of$300,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes;
applicable rules of the Executive Office of the Governor and the Comptroller;and Chapter 10.600, Rules
of the Auditor General.
In determining the State awards expended in its fiscal year, the Recipient shall consider all
sources of State awards, including,State funds received from the Department, except that State awards
received by a nonstate entity for Federal program matching requirements shall be excluded from
consideration. The funding for this Agreement was received by the Department as a Grant and Aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. In connection with the audit requirements addressed in (d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida
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• Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida
Statutes, and Chapter 10.600, Rules of the Auditor General.
6. If the Recipient expends less than$300,000 in State awards in its fiscal year,
an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not
required. In the event that the Recipient expends less than $300,000 in State awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida
Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be
paid from recipient funds obtained from other than State entities).
(e) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall
be held liable for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Department has notified
the Recipient of such non-compliance.
(0 The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(g) The Recipient shall have all audits completed in accordance with 216.3491, Fla_
Stat. by an independent certified public accountant(IPA)who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied
with the applicable provisions noted above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that(i) the
• subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor
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shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto,.the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A: Scope of Work and Schedule of Deliverables
Attachment B: Special Conditions
Attachment C: Rules and Regulations
(16) FUNDING/CONSIDERATION
(a) This is a fixed-fee Agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up to twenty-five thousand and sixty-
five dollars ($25,065). Payment will be made in accordance with the provisions of Attachment A (Scope
of Work and Schedule of Deliverables), subject to the availability of funds.
(17 ) STANDARD CONDITIONS.
The Recipient agrees to be bound by:the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a ,
yearly basis for a period of up to two (2)years after the initial agreement or for a period no longer than
the term of the original agreement, whichever period is longer, specifying the terms under which the cost
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• may change as determined in the invitation to bid, request for proposals, or pertinent statutes or
regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
. (g)The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act("INA")]. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for.unilateral
cancellation of this Agreement by the Department.
(18) STATE LOBBYING PROHIBITION. No funds or other resources received from the
Department in connection with this Agreement may be used directly or indirectly to influence legislation
or any other official action by the Florida Legislature or any state agency.
(19) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
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covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS CITY OF DANIA BEACH
An Agency of the State of Florida A Municipal Corporation Organized under the
Laws of Florida
BY: BY:
Joseph F. Myers, Director Patricia Flury, May r
Division of Emergency Management City of Dania Beach
2555 Shumard Oak Boulevard 100 West Dania Beach Boulevard
Tallahassee, Florida 32399-2100 Dania Beach, Florida 33004
DATE: DATE:
BY:
Jaso unemaker, Acting
FID#5 00-302 City Manager
Attest:
B y: Cl/Y
Sheryl Ch man
Actinq City C erk
APPROVED AS T _ RM & CORRECTNE:
bv:
Tho as n r City Attornev
14
• Attachment A : Scope of Work and Schedule of Deliverables
Urban Infill and Redevelopment Assistance Grant Program
BACKGROUND
To reduce urban sprawl and to keep core urban areas fiscally strong, the Florida Legislature created the
Urban Infill and Redevelopment Assistance Grant Program. The program provides for planning and
implementation grants to local governments to redevelop and revitalize distressed urban areas. Funds
are to be used to develop collaborative and holistic urban infill and redevelopment plans and to
implement projects located within designated urban infill and redevelopment areas, pursuant to ss.
163.2511 - 163.2526, Fla. Stat. The goal of the Recipient's planning process is to effect change in the
the Urban Infill and Redevelopment Area over time, based on a comprehensive analysis of the factors
underlying the need or desire for change,.as well as the means by which such change can be
implemented.
DESCRIPTION OF PLANNING PROCESS
In its application, the Recipient proposed and documented an Urban Infill and Redevelopment Area
(UIRA) that meets the statutory requirements for the purposes of this grant program. Further, through a
• competitive selection process, the Recipient's application for an Urban Infill and Redevelopment
planning grant was recommended for funding. With the funds in this Agreement, the Recipient agrees to
undertake a collaborative and holistic planning process for its UIRA. The planning process will include
the following elements:
1. A description of a holistic and collaborative community participation planning process which
allows for community input, including visioning, before redevelopment occurs. The collaborative process
should result in a plan.that contains goals, objectives, projects and activities that address solutions to
neighborhood problems and offer opportunities to improve the quality of life in the designated area. The
process should create both short-term and long-term goals and objectives so that residents can see
some successes in the short term while continuing to pursue and achieve long-term goals.
2. Identification of activities and programs to accomplish locally identified goals such as code
enforcement; improved educational opportunities; reduction in crime; neighborhood revitalization and
preservation; provision of infrastructure needs, including mass transit and multi-modal linkages; and
mixed-use planning to promote multi-functional redevelopment to improve both residential and
commercial quality of life.
15
® 3. Demonstration of local government and community commitment to comprehensively address
the urban problems within the Urban Infill and Redevelopment Area.
4. Identification of ways or incentives to keep residents actively involved in the implementation
of projects after developing the plan.
5. A map depicting the geographic area or areas to be included in the designation.
6. Confirmation that the infill and redevelopment area is within an area designated for urban
uses in the local government comprehensive plan.
7. A map of any existing,enterprise zones, community redevelopment areas, community
development corporations, brownfields, downtown redevelopment districts, safe neighborhood
improvement districts, historic preservation,districts, empowerment zones,or enterprise communities
located within the area proposed for designation as an Urban Infill and Redevelopment Area. There
must also be a framework for coordinating urban infill and redevelopment programs within the urban
core.
• 8. A memorandum of understanding between the district school board and the local government
regarding public school facilities located within the Urban Infill and Redevelopment Area, to identify how
the school board will provide priority to enhancing public school facilities and programs in the designated
area, including the reuse of existing buildings for schools within the area.
9. Narrative that identifies each neighborhood within the proposed area, community
preservation and revitalization goals, projects identified through a collaborative and holistic community
participation process, and how projects will be,implemented.
10. Narrative that identifies how the local government and community-based organizations
intend to implement affordable housing programs in the Urban Infill and Redevelopment Area, including,
but not limited to, economic and community development programs administered by state and federal
agencies.
11. Narrative identifying strategies for reducing crime.
16
12. If applicable, guidelines for adoption of land development regulations specific to the Urban
Infill and Redevelopment Area which includes, for example, setbacks, parking requirements, design
codes, streetscapes, sidewalks, and building facades.
13. A map and identification of existing transportation concurrency exception areas, and any
relevant public transportation corridors designated by a metropolitan planning organization in its long-
range transportation plans or by the local government in its comprehensive plan for which the local
government seeks designation as a transportation concurrency exception area. For those areas,
describe how public transportation, pedestrian walkways, and bikeways will be implemented as an
alternative to increased automobile usage.
14. Identification and adoption of financial and local government incentives which the local
government will offer for new development, expansion of existing development, and redevelopment
within the designated area. Examples of incentives include: waiver of license and permit fees; waiver of
local option sales taxes; expedited permitting; waiver of delinquent taxes or fees to promote the return of
property to productive use; lower transportation impact fees for development which encourages higher
use of public transit, pedestrian, and bicycle
modes of transportation; prioritization of infrastructure spending in the urban infill and redevelopment
area; and local government absorption of a developer's concurrency costs.
15. Identification of how activities and incentives in the area will be coordinated and what
mechanism the local government will use for the coordination.
16. Identification of how partnerships with the financial and business community will be
developed.
17. Identification of the governance structure that the local government will use to involve
community representatives in the implementation of the plan.
18. Identification of performance measures to evaluate the success of the local government in
implementing the urban infill and redevelopment plan. This shall include the establishment of baseline
data and the identification of indicators that will be used to measure neighborhood change.
TASKS
The Recipient will prepare a work plan that lays out the tasks, milestones, and schedule for completion
• of the Urban Infill and Redevelopment planning process. The work plan shall be the mechanism for
17
determining on-time performance of the Recipient. The work plan can be amended by mutual
agreement between the Department's contract administrator and the Recipient.
The Recipient will prepare quarterly reports that provide a narrative describing the work undertaken in
the quarter, an analysis of the percentage of work completed, any obstacles that delayed meeting a
milestone that occurred during the quarter, what actions were taken to overcome the obstacles, and any
"good news" or success stories resulting from the planning activities. Quarter end dates are March 30,
June 30, September 30 and December 31. The quarterly reports can be enhanced with photographs and
may be sent to the Department's contract administrator by e-mail or hard copy. Informal monthly reports
will be made to the Department's contract administrator by telephone on or around the 151"of the month.
Schedule of Deliverables
Deliverable Due Date Payment
1. Delivery and approval of due on or before $12,533
work plan 30 days after execution
® of Agreement
2. Delivery of Documentation due on or before June 15, 2001 $12,532
on Establishment and 1s`
Meeting of Stakeholders
3. Delivery of Urban Infill and due on or before
Redevelopment Plan December 31, 2001 --0--
TOTAL $25,065
18
Attachment B: Special Conditions
1. The Recipient agrees to develop and engage in a collaborative and holistic community
participation process in which stakeholders are actively involved in the decision-making process
of designing and implementing the Urban Infill and Redevelopment Plan. This process includes
a visioning of the area before redevelopment decisions are made.
2. The Recipient agrees to employ a governance structure that engages and shares the decision-
making for designing, developing, and implementing the Urban Infill and Redevelopment Plan.
3. Public meeting notices and promotional materials will be sent to the Department's contract
administrator and to the Department's Division of Community Planning.
4. The Recipient agrees to adopt the completed Urban Infill and Redevelopment Plan by ordinance
and to amend its Local Comprehensive Land Use Plan to include the boundaries of the UIRA
should it choose to pursue an implementation grant under this program.
5. The completed Urban Infill and Redevelopment Plan will be submitted to the Department and
will constitute the Final Report. Should the planning process undertaken by the Recipient not
result in an Urban Infill and Redevelopment Plan, Section (9): Default; Remedies; Termination
of this Agreement shall apply.
19
r
® Attachment C: Applicable Statute and Rule
1. Rule Chapter Number 96-69, Florida Administrative Weekly: Urban Infill and Redevelopment
Assistance Grant Program
2. 163.2511, Florida Statutes
20
February 28, 2002
Dear
This is an exciting time for the City of .Dania Beach and the communities of
Modello Park, College Gardens and Dania Heights. The City, in partnership with
FAU/FIU Joint Center, has received funding through the Urban Infill and
Redevelopment Assistance Grant Program, which will enable us to develop and
implement a neighborhood comprehensive plan.
As a community leader, we are asking you or your assistant to become a
member of the Steering Committee, which will have the task of developing these
neighborhood plans. With these plans in place, we as a City will be able to
develop better communication with the residents, research all available grant
opportunities for projects needed and therefore better serve our community.
We have named Bonnie Temchuk, the Assistant to the City Manager, as the
grants coordinator for the project. Please call Bonnie at (954) 924-3613 for more
information and the date of the first meeting.
We look forward to seeing you at the first Steering Committee Meeting for the
Modello Park, College Gardens and Dania Heights Neighborhood Plan.
Sincerely,
Patricia A. Flury
Mayor
EXHIBIT @A ®0
CITY OF DANIA BEACH
URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT
PROGRAM
PROPOSED COMMUNITY ADVISORY COMMITTEE
(STEERING COMMITTEE)
Neighborhood Associations:
Janice B. Peterman
President
College Gardens Neighborhood Association
P.O. Box 374
Dania Beach, FL 33004
Bobbie H. Grace
Vice President
Northwest/Byrd Point Civic Association
110 N.W. 8 Ave.
Dania Beach, FL 33004
Teddy Bohanan
President
The Dania Beach Heights Civic Association
275 S.W. 9 St.
Dania Beach, FL 33004
Faith-Based Organizations in Modello Park, College Gardens, and
Dania Heights
Various Organizations within Dania Beach:
Greater Dania Beach Chamber of Commerce
P.O. Box 1017
Dania Beach, FL 33004
Dania Beach Main Street, Inc.
Thomas L. Tisdale, Program Manager
P.O. Box 1398
Dania Beach, FL 33004
Dania Economic Development Corporation
Jerry Carter, Executive Director
210 N.W. 12 Ave.
Dania Beach, FL 33004
The School Board of Broward County, Florida
Carol L. Andrews, School Board Member
District 1
Kathleen C. Wright Administration Building
600 S.E. 3 Ave.
Ft. Lauderdale, FL 33301
Housing Authority of the City of Dania Beach
Rita B. Smelcer, P.H.M.
Executive Director
715 W. Dania Beach Blvd.
Dania Beach, FL 33004
Local Government.Representation:
Mayor and Commissioners
City of Dania Beach
100 W. Dania Beach Blvd.
® Dania Beach, FL 33004
Ivan Pato
City Manager
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Larry Leeds,AICP
Director of Growth Management
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Bonnie Temchuk
Assistant to the City Manager
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Chief Bryan Cowart
Broward County Sheriff's Office
District II, Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
State Government Representation:
Senator Steven Geller
400 South Federal Hwy. Suite 204
Hallandale Beach, FL 33009
Representative Tim Ryan
P.O. Box 36
26A NE First Avenue
Dania Beach, FL 33004-0036
South Florida Regional Planning Council:
Carolyn Dekle
Executive Director
® South Florida Regional Planning Council
3440 Hollywood Blvd., Suite 140
Hollywood, FL 33021
Theresa M. Manning, AICP
Eastward Ho! Brownfield's Partnership Coordinator
South Florida Regional Planning Council
3440 Hollywood Blvd., Suite 140
Hollywood, FL 33021
All interested residents of Modello Park, College Gardens and Dania
Heights
FAU/FIU
ONTLENTER
- for Environmental & Urban Problems
�v
�t February 18,2002
-~ - Bonnie Temchuk,Assistant to the City Manager
IT
City of Dania Beach
s a
100 West Dania Beach Blvd.
Dania Beach,FL 33004
.
.. Dear Bonnie,
Y .0 syJ
I thank you for taking the time last week to discuss the UIRA project with
.r,
me. I am looking forward to working with you to successfully complete
this important work. This letter outlines our discussion of the UIRA grant,
wr
FAU's original Scope of Work, and my recommendations for moving
ti forward with this planning process.
The first suggestion I would like to make is that we investigate the
41
possibility of extending the deadline on this grant until December 31,
2002. If you like, I can talk to Susan Fleming at DCA to see if the city can
r . be granted this extension. The next suggestion I would like to make is one
0 ,
that is in line with your request that FAU do the bulk of the work outlined
ch would expand our scope of work. I believe
in the grant proposal, whi
sc
:.
that we can accommodate this request if we agree that the grant money is
to be used to hire a Research Assistant who will work for the FAU Joint
EJ
a . t Center or FAU CURE and who will act as the principal investigator on
° this project. I would also suggest that we utilize an intern from FAU
F ~~ throughout the summer to work on this project.
x These modifications should allow us to accommodate your request. The
city also needs to assign a Grant Coordinator to this project and I will act
Y� as the Project Manager for the FAU work, working directly with the Grant
y Coordinator.
I have attached our original Scope of Work for your review. There is a
x fix-
body of work in the form of historic information, general information, and
background data that needs to be provided by the City. Please see Page 3,
Pff
under"Other.
4 = I have included 7 of the Development. Without Displacement
. Community Handbooks to be used as attachments to the agenda item
appointing the Community Advisory Committee (CAC). Please let me
° 1 51 "' "
: .r .
°
�= An Equal Opportunity/Access/Affirmative Action Institution
know as soon as the advisory committee has been appointed and notified. I
can be reached at 954-762-5262 if you have any questions.
Sincerely,
chqa4l�,-
Syl is J. Coh
Research Associate
Cc: James Murley
Dr. Jerry Kolo
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V
Development Without Displacement
Community Handbook
Prepared for
The John D. and Catherine T. MacArthur Foundation
August 2001
°� Prepared by
Florida Atlantic University/Florida International University
io Joint Center For Environmental and Urban Problems
with the assistance of
1000 Friends of Florida
Ft. Lauderdale, FL
TABLE OF CONTENTS
TABLEOF CONTENTS.........................................................................................................
Acknowledgments....................................................................................................................vi
wIntroduction.............................................................................................................................. 1
The Origin of This Project..............
Our Objective in Writing This Handbook ...................................................................... l
Who Wrote This Handbook? ..........................................................................................2
Who Will Benefit from This Handbook?.........................................................................2
Howto Use This Handbook............................................................................................3
The Role of Limestone Creek, Florida.............................................................................3
Recognizing the Need for This Project.............................................................................3
Organization of the Handbook................................................................................................5
Development Without Displacement......................................................................................6
Gentrification
• About Gentrification.......................................................................................................7
Defining Gentrification
Causesof Gentrification..................................................................................................9
Voluntary and Involuntary Displacement...................................................................... 12
SECTION1: BEGINNING...................................................................................................13
Tool: Organize your Neighborhood ......................................................................................13
Talk to Your Neighbors ........... ............. 13
.........................................................................
FormPartnerships.......................................................................................................... 13
Communicateand Commit........................................................................................... 14
Celebrate........................................................................................................................ 14
Tool: Gather Basic Information............................................................................................14
WhoAre We? ................................................................................................................ 14
What Are We? ................ 15
. ...............................................................................................
WhereAre We?.............................................................................................................. 16
DefineBoundaries......................................................................................................... 16
ii
Tool: Preserve What's Already There.................................................................................. 17
CodeEnforcement......................................................................................................... 17
LawEnforcement........................................................................................................... 17
Tool: The Local Political Environment............................................................................... 17
CountyCommissioners ................................................................................................. 17
Mayorand City Council ................................................................................................ 18
Planningand Zoning ..................................................................................................... 18
Buildingand Permitting.................................................................................................. 19
PublicWorks ........... ..................................................................................................... 19
TheCommunity at Large...............................................................................................20
CommunityForum 1:..............................................................................................................20
Reaching Community Consensus .........................................................................................20
SECTION 2: FINDING THE RIGHT PATH......................................................................21
Tool: Know Who Owns What.............................................................................................21
How to Identify Property in your Neighborhood...........................................................21
• Section, Township, and Range ......................................................................................21
ParcelNumbers..............................................................................................................22
The Property Appraiser's Office.....................................................................................22
Tool: Public Information Gathering......................................................................................22
TheComprehensive Plan...............................................................................................23
PlatMaps .......................................................................................................................24
AerialPhotographs ........................................................................................................24
Zoning in Your Neighborhood......................................................................................25
Regulations You Might Want to Know About...............................................................25
Tool: Using Technology........................................................................................................28
Tool:A Visioning Process......................................................................................................28
Community Forum 11: Share Your Vision............................................................................29
SECTION 3: PLANNING YOUR NEIGHBORHOOD.....................................................30
Tool: Create a Neighborhood Plan.......................................................................................30
Architectural/Design Codes..........................................................................................31
r'
` .
�
Tool: A Churrctte......................................................................................]2
7�on[ Neighborhood Governance..........................................................................................33
w� Faith Based Organizations --__-----.----------.--.---------_---..---_-33
Informal Neighborhood Associations.............................................................................]4
�.................................................]4 Community Development ~~'r`'~^-' ~'-'------'--
_
Community Furncu l]]: Our Neighborhood in 2070...................................................]4
�
SECTION 4: IMPLEMENTATION —.----.—.-'..---------------.----..-_.--..--35
�
r~ Tool: Pzbmtc l-amd Assembly.................................................................................................35
U�
Tool: Create u Land Bank.....................................................................................................]7
� Tool: Community[uod Trust---...-'^.----.-----------------.-'--.-.'.---.-..--..38
~ .
Tnn�Affordable Housing�« ��
muno�� �v�ryouc-_--.---------_---.---.---_-----_-_ '
�& Down pu}nucnt and Closing Cost Assistance.................................................................39 '
�
_ Credit Repair Assistance................................................................................................40
Rental Developments that Provide Homeownership Incentives....................................40
Homeownership }s Not For Everyone..---------_-----------_-_--_----.--41
� -- Building Mixed Income Housing...................................................................................4l
� Design._----------------------.---._--..---_---_------.----.-------42
� ------.---.--_-----_-___------.----_------_.----_-----_43
� �
~ .-----_------------------_-----.--.---.---..---43
� NeighborhoodObjections
� o������ loconuc 44
� Examples ^'~`^~~�^~^^^^~------------------------------
� Tool: vv�� u _—.'-.-------.--.------'--------....—.'--.--..45
� - '
� Tool: An Oversight Group....................................................................................................46
�
~ Homeowners Associations.............................................................................................40
� Neighborhood Improvement Districts...........................................................................46
�
���s 47
� ^^~^~^^^`^^^^/ ^^``�^~r^^~^^^ '----'---------'---------'-------'----
'
� Community Redevelopment Agencies_______--.-----.---------__---_--'47
� Florida Mnbz Street........................................................................................................48
�
~ Community Forum IV: Look to the Future.........................................................................48
�
Conclusion: Obstacles and Opportunities...... ----.--------_-.'--'-------'''''...
4Q
Environmental Justice....................................................................................................49
~
iv
�
,
Traffic Concurrency.......................................................................................................49
Neighborhood Resistance.................................................................. .... .................50
Where to Look for Further Assistance...........................................................................50
AdditionalResources .............................................................................................................54
Additional Financial Resources.............................................................................................55
Websites..................................................................................................................................56
Appendix I: Glossary of Housing Terms...............................................................................57
Appendix II: Private and Rural Financial Assistance Programs ...........................................71
Appendix III: State Financial Assistance Programs..............................................................75
Appendix IV: Federal Financial Assistance Programs...........................................................90
Appendix V: Institute for Community Economics..............................................................93
•
v
Acknowledgments
The Florida Atlantic University/Florida International University Joint Center for
Environmental and Urban Problems (the Joint Center) and 1000 Friends of Florida are
grateful to the citizens of Limestone Creek and the Limestone Creek Community
Development Corporation (LCCDC). Willie Scott, executive director of the LCCDC, and
Lorenzo Young, project manager, offered their time generously. They offered insights and
gave us the benefit of their experience; this handbook could not have been written without
them. As project staff, we enjoyed our many trips to this community and feel a deep
commitment to the future of Limestone.Creek.
The Local Initiative Support Corporation in Palm Beach County facilitated our
first meeting with representatives of Limestone Creek. With the kind assistance of Annetta
Jenkins, LISC program director, we formed a successful partnership. Annetta defines the
term "a wealth of knowledge," and her insight and commitment served as our beacon.
We thank the many local government officials who met with us during the year and
• made invaluable contributions. The town of Jupiter was especially helpful with providing
public information about north Palm Beach County. Janet Whipple, public archivist,
provided us with maps and historical information about the area; Mayor Karen Golonka
listened to the details of our project and gave us her support; Sam Shannon, director of the
department of community development, also met with us to discuss our project.
We are especially grateful to the Honorable Karen T. Marcus, a tireless advocate for
the community of Limestone Creek. Her fifteen years as county commissioner for District
1 in Palm Beach County made us understand the true meaning of "public service."
Thanks as well to Cindy DeFillipo, senior administrative assistant to Commissioner
Marcus, who provided support and background information.
The Joint Center and 1000 Friends of Florida would also like to thank the John D.
and Catherine T. MacArthur Foundation for their generous support of the Development
without Displacement project.
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Introduction
The Origin of This Project
With funding from the John T. and Catherine D. MacArthur Foundation, the
Joint Center has spent the past year working with 1000 Friends of Florida to identify a set
of tools that communities can use to address gentrification and displacement in urban
areas of southeast Florida. Gentrification is the term used to describe how neighborhoods
change when those with higher incomes replace low- to- moderate-income residents. Such
changes may lead to the dissolution of neighborhoods when long-term residents are forced
to move due to rising rents and taxes.
We believe that displacement can be diminished and that people can be
empowered to influence development in their own communities. Our research explores
what triggers gentrification, why gentrification occurs, and what can be done by
neighborhoods to mitigate its effects. When made available to residents of south Florida
neighborhoods, this knowledge will enable the residents to resist displacement and become
a part of the revitalization of their neighborhoods.
Our Objective in Writing This Handbook
This handbook was written to help neighborhoods and communities in South
Florida avoid involuntary displacement of the people who live there. Involuntary
displacement happens when a person or family can no longer afford to live in their home.
Some of the reasons for displacement are: insufficient income to pay rent and/or maintain
property, property taxes, that rise beyond the resident's ability to pay, incompatible
development that generates too much traffic, noise, or negative impact on property values,
and code enforcement violations that are not corrected by a landlord or local governments.
This handbook outlines a process for individuals, neighborhoods, and
communities to follow if they are threatened by gentrification and involuntary
displacement. This process consists of a series of tools for residents to implement in South
Florida's communities and neighborhoods, especially those in the eastern corridor. Readers
will also find suggestions in this handbook on how to strengthen a neighborhood or
community by creating a vision to guide future development, by developing good
relationships with local officials, by understanding their community's assets, and by
informing all residents of community needs and activities. Instead of analyzing
gentrification academically, we are writing this short handbook hoping that neighborhoods
will be able to use our suggestions to control the process in their own backyards.
Who Wrote This Handbook?
The Joint Center is an applied research center in the Florida State University
System. For more than 25 years, the Joint Center has focused on finding solutions to
environmental issues and urban problems faced by cities, counties, and government
agencies.
The.Joint Center's partner in Development without Displacement is 1000 Friends
of Florida. 1000 Friends is a nonprofit smart growth advocacy organization working to
make sure that development in Florida proceeds in a way that respects the environment,
our quality of life, and the economy. They are headquartered in Tallahassee and have
opened a south Florida office to monitor growth and environmental issues in Palm Beach
County.
The MacArthur Foundation has funded this handbook, the research that led to its
development, and the project team's work with the residential development, Limestone
Creek, in Palm Beach County Florida.
Who Will Benefit from This Handbook?
Individuals, neighborhoods, and communities will benefit from reading this
handbook, following the process outlined in it, and using those tools that are appropriate.
Individuals will benefit because they will be heard and their voices will help shape the
future of their community. Having a voice in local affairs empowers people; it enables them
to change their lives. Neighborhoods and communities will be strengthened and stabilized
as residents work to identify and deal with gentrification.
2
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How to Use This Handbook
As community residents read and work through this handbook, they will be
presented with ways to influence development and avoid displacement. In the same way
that you use a tool to construct a building, we will use the tools in this handbook to
construct a strategy. This handbook is not an instruction manual or workbook, but a
guide that can only be effective with community participation and commitment. It is
expected that revisions will be made as users of the handbook offer improvements.
The Role of Limestone Creek, Florida
During the first year of our research project, Development without Displacement,
we conducted research from our center in Fort Lauderdale. We also met with members of
the Limestone Creek Community Development Corporation to find out their experiences
dealing with development in North Central Palm Beach County. Limestone Creek started
out as a rural residential community west of the town of Jupiter; it is now surrounded by
upscale residential and commercial development. We are very grateful to the community
® development corporation and to the community members for sharing their experiences
with us and helping us to understand the community development process.
Recognizing the Need for This Project
The recognition that displacement and gentrification was on our doorstep started
with the studies conducted by the Governor's Commission for a Sustainable South Florida.
This body of caring citizens and experts quickly realized that if South Florida was to survive
as a desirable place to live, restoring the natural water flows of the Everglades ecosystem
was paramount. The future of South Florida is directly related to the future of this fragile
eco- system that has been dredged, drained, and filled over the decades. Out of the
Commission's efforts, the Comprehensive Everglades Restoration Plan, costing
approximately 7.8 billion dollars over the next twenty years, has been delivered to the
United States Congress. In 2000, the-Florida Legislature authorized state funding of 105
million dollars and a commitment to contribute100 million dollars annually over the next
nine years towards Everglades restoration.
At the same time, the Commission acknowledged that preserving the Everglades
was fruitless if we didn't plan for the 2.3 million new Floridians heading our way in the
next 25 years. Without a plan for reinvestment in the older areas of our existing cities, it
was almost a certainty that they would mostly end up locating on the edges or even in the
Everglades system. Thus, the Commission called for a renewed emphasis on redevelopment
4. and intensification of land uses in the older neglected areas along the coast.
When it became apparent that there were side effects to this redevelopment push—
displacement of current residents, the impetus for'this project was created. The initial
study area was Limestone Creek, Florida and the first demonstration project is in Delray
Beach, Florida. As other communities use this handbook, we hope that the issues and
solutions outlined are applicable anywhere that redevelopment is likely to occur.
The City of Dania Beach has been
awarded an Urban Infill and
Redevelopment Assistance (UIRA) Grant
n from the Florida Department of
Community Affairs to undertake a
collaborative and holistic planning process
to k •..
-���- �-- for three neighborhoods: Modello Park,
College Gardens, and Dania Heights. The purpose of this grant program is to reduce
urban sprawl and keep Florida's urban core areas fiscally strong. Florida Atlantic
University's Joint Center for Environmental and Urban Problems began research in 1998
to look at issues associated with the revitalization of South Florida's urban core and will be
working with the City of Dania Beach and the residents of these neighborhoods to address
gentrification and displacement while improving their neighborhoods through this UIRA
Grant.
0
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Organization of the Handbook
What follows in this handbook are suggestions that may help you resist
displacement as your neighborhood redevelops. Some of the concepts came from meeting
with the community development corporation in Limestone Creek, Florida, and some
grew out of our own research. During the last year, we have learned how other cities all
over the world are combating and reducing the negative impacts of gentrification. The anti
gentrification movement is still very new and it is difficult to tell exactly which strategies
will be the most effective. As we gathered the information collected in this handbook, we
realized that some tools would be appropriate in some areas but not in others. We have
assembled the tools in this handbook for your neighborhood to use and explore. The final
decision about which tools to use will be made by you. To make it easier to identify
the tools we are using this stylized arrow to indicate TOOLS throughout the
workbook. This symbol of people piecing a puzzle
together denotes COMMUNITY FORUMS discussed at each of the four
stages of the process.
The four sections of this handbook are arranged from least to most complicated.
® The tools that you find in Section 1 can be used immediately—a few interested members of
the community can do an informal visual survey, find a map of the town, or call other
neighborhood members to enlist their support. The second section discusses steps you may
take that are a little more complicated: collecting public information from the planning
department and determining, with help from the tax appraiser's office, who owns what
parcels. Sections three and four deal with larger scale and more intricate steps such as a
community planning charrette. Section four discusse§ the implementation phase and may
/ take the longest; we expect that the implementation phase will go beyond the project year.
We hope this handbook provides communities with the tools to accomplish what few have
before—managing gentrification in your neighborhood.
5
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Development Without Displacement
® In the South Florida region, problems of adequate housing and environmental
issues have become intertwined. This connection has formed because sustainability of the
Everglades is contingent upon limiting western suburban sprawl and revitalizing the eastern
L urban corridor, a place where affordable, decent housing is in short supply. In response to
this, the Governor's Commission for a Sustainable South Florida created the Eastward Ho!
Initiative. This initiative works to redirect development away from the fragile ecosystem of
western Dade, Broward, .and Palm Beach counties while encouraging revitalization of
urban neighborhoods.
As part of this effort, the Joint Center and 1000 Friends of Florida, through the
help of the MacArthur Foundation, have created this handbook with eastern corridor
communities in mind, an area already experiencing revitalization. This handbook will help
neighborhoods build the capacity to avoid displacement of residents as the eastern areas of
South Florida redevelop. This handbook will describe practical tools for community groups
to use to maintain the viability and cultural integrity of neighborhoods being threatened by
® displacement.
This project, Development without Displacement, started by focusing on two issues
important to redeveloping neighborhoods: mixed-income housing and land assembly.
Mixed-income housing is a type of development that provides housing for all levels of
income where some of the units may be subsidized and some are market rate. Mixed-
income housing is important to assure the presence of economically integrated
neighborhoods. Land assembly, the process of joining together contiguous lots to create a
more developable parcel, has generally been associated with the practice of eminent
domain. Because early urban renewal projects used eminent domain powers of the
government to displace residents and purchase the land for public projects the term, land
assembly has developed a bad connotation. However, land assembly can be beneficial to a
community if done in the correct manner. It is especially helpful when undertaken by
current property owners so that they can assemble significantly sized parcels for
redevelopment and then share in the increased valuations.
few
4,l'\'e'C�,`4t�1'CAD•Wtdbo:t4w 6
As the first phase of Development without Displacement evolved, and in the
process of working with the community of Limestone Creek, Florida, the Joint Center and
�® 1000 Friends realized that many other tools were needed. Beginning with land assembly
�® and mixed-income housing, an integrated set of tools emerged--tools that we hope will help
communities avoid displacement as redevelopment occurs.
Gentrification
About Gentrification
Everyone is accustomed to neighborhood change. One day there is an empty lot on
P the corner and almost overnight an apartment building goes up. Or, perhaps, a house
starts to look run down or is abandoned-the result of family change or foreclosure. Homes,
businesses, and neighborhoods are always in flux with visible small changes; a certain
amount of change is expected and seems natural. However, another type of evolution is less
natural and seems to happen much more abruptly. When an area is upgraded so that
® k 4 accompanying real estate prices and property
taxes escalate dramatically, and longtime
residents can no longer afford to live there, the
g neighborhood change is called gentrification.
Often the process is triggered when a few
newcomers purchase modestly priced homes in
neglected urban areas. The new demand for housing in the neighborhood increases the
value of the property and as homes sell for inflated prices, the value of the entire
neighborhood goes up. As homes are improved, businesses follow the new affluent
homeowners-boutiques, hair salons, and restaurants follow-these `urban pioneers." New
restaurants and nightclubs may create an entertainment destination, which-only serves to
increase housing prices more.This is gentrification.
In the 1960s and 1970s, gentrification was looked at favorably in urban areas; it
was considered a way to save neighborhoods, to increase the value of properties, and for
municipalities to add more money to the tax rolls. But, as housing stock is renovated and
a�P
7
values accelerate, less affluent residents often find they can no longer afford the
neighborhood. This led to changing attitudes toward gentrification in the 1980s and
1990s. Because of the involuntary displacement that occurs with gentrification, it is no
longer considered entirely positive.
Usually the signs of commercial gentrification.are quite noticeable: a gourmet food
L
shop may replace the corner grocery store, or a new restaurant replaces the laundromat.
Very often the services that are needed by longtime residents are sacrificed to provide
conveniences for new, more affluent residents. When the Coconut Grove area of Miami
developed into an upscale destination for tourists in the 1980s, the grocery store and
laundromat were torn down to make room for a high-priced shopping and hotel complex.
Residents in need of a neighborhood grocery store or laundromat were forced to travel
farther for these services.
All over the country, people are beginning to pay attention to the displacement that
accompanies gentrification. Those who use this handbook will be helping neighborhoods
stay intact by taking proactive steps to avoid residential displacement. Now that you know
how gentrification looks and how widespread it is, we'll look at the definition, the reasons
for it, and the triggers.
Defining.Gentrification
The term gentrification was first used in England in the 1960s when working class
parts of London were being refurbished and upgraded by the upper middle class.
Sociologist Ruth Glass called the newcomers, somewhat tongue-in-cheek, the `gentry' and
she called the process of change `gentrification.' Almost SO years later, the term
gentrification is still used to describe the changes that happen in neighborhoods when they
are upgraded. In South Florida, fears that eastern urban neighborhoods will become too
expensive for those of limited income are justified; the signs of gentrification are abundant.
Urban Studies professor Robert Kerstein defines gentrification as "the physical
renovation and social-class upgrading of inner-city neighborhoods." In general,
gentrification is a word that has been used to describe a process of neighborhood
transformation, which involves "restoration of deteriorated urban property especially in
k'e�eC.q���ea��\'onG�etitae U;?i Ca,eettzeat� 8
working-class neighborhoods by the middle and upper classes." This particular definition
comes from a dictionary and is fairly narrow, but as you can see, there are many ideas
regarding exactly what gentrification is and why it occurs. Gentrification usually addresses
the same factors: physical upgrading of homes and economic status.
In Broward County, one of the downtown neighborhoods of Fort Lauderdale is
now a gentrified area called Sailboat Bend. The small wooden houses that were built in the
early 1900s are now selling for high prices. A nearby performing arts center and riverfront
walk have revitalized this western edge of downtown, and homes in the Sailboat Bend
neighborhood have appreciated dramatically. While no one would argue with the positive
changes that occur with downtown redevelopment, it is important to realize that it may
trigger gentrification and displacement. Other reasons for gentrification will be addressed
below.
South Florida is not the only region where gentrification is a problem. In Portland,
Oregon's traditionally African-American neighborhood of Sabin, a Starbucks coffee shop
opened. A local paper has suggested that Starbucks is a pretty reliable indicator that the
® area is undergoing gentrification. Census information supports the "Starbucks theory" that
go
go affluent white people are moving into the Sabin neighborhood and that the African-
go American population is being pushed out. The visible presence of these coffee shops seems
0 to indicate a shift towards gentrification, since areas where the African-American
40 population is increasing have few Starbucks coffee shops. Perhaps in the future we will
look to gourmet coffee shops as our indicator of gentrification and whether measures are
needed to protect current residents from its negative effects.
t
10 Causes of Gentrification
There are a number of reasons for gentrification, and although it is not our
purpose to detail every one in this handbook, perhaps understanding a few factors will help
you recognize the process in your own neighborhood. It is easy to say that displacement is a
/ natural occurrence and that it is just the way things work, but the Joint Center and 1000
Friends do not believe this is true. The economic system, the banking system, government
policies, our social structure, and individual actions all contribute to gentrification and
Poo
displacement. It would take a book to explain all of these forces, and even scholars debate
which causes are valid. Our approach is less formal. We have chosen to create a practical
handbook to guide users in confronting the forces of change. Perhaps these suggestions
will make more sense if they are viewed within the context of American urban history.
Fifty years ago, right after World War II, American cities began to change as people
migrated to the suburbs where new housing was being built. In coastal southeast Florida
,the suburban growth has been to the west, and this march towards the Everglades
continues. The move away from.cities should be seen in light of government and banking
policies that encouraged homeowners to buy in the suburbs, and newly constructed
highways that made it easier to commute from those suburban developments to jobs in the
city. The result of this mass suburbanization was disastrous for our cities. Many urban areas
experienced economic and social disinvestment, and the people who were left in the city
had to deal with unemployment, lack of services, and crime.
This tide of disinvestment has been changing recently and has led to a downtown
renaissance for many urban areas; this is visible in the urban landscapes of southeastern
® Florida. Atlantic Avenue in Delray Beach and Las Olas Boulevard in Fort Lauderdale have
undergone a transformation in the last few years, but this reinvestment is even more reason
why we should pay attention to the issue of displacement in our backyards. The cycle of
disinvestment and reinvestment was studied in the San Francisco Bay area of California. In
that region, the process of deterioration followed by revitalization set the stage for
gentrification. Initially, there were disinvestments, then reinvestment was encouraged, and,
finally, longtime residents were displaced from their residences.
What is often left out of gentrification discussions is how racism has left its
footprint on our cities and suburbs. The move to the suburbs fifty years ago was largely a
European-American migration that left minorities in cities to deal with the problems of
urban blight. While suburbanization was the result of individual and family decisions, the
banking and real estate industries contributed to this movement. Banks refused,to issue
mortgages in neighborhoods that were African-American (a practice known as "redlining").
In addition, real estate brokers profited by "blockbusting," a tactic where white
® homeowners were encouraged to sell their homes before minority populations moved in.
10
Illegal today, redlining and blockbusting are only two examples of how institutional racism
fashioned our landscape.
Although opinions differ, several other causes for gentrification have been
identified. The Atlanta Neighborhood Development Partnership, Inc. (ANDP) has seen
the following contribute to gentrification in the Atlanta area: demand for middle income
housing, removal of development barriers, commercial development, and transportation
growth along with increased commuting distances.
A change in the economic and social structure of our country has made a
difference as well. We are no longer a country of heavy industry, and many large factories,
once located in cities, have moved overseas to reduce labor costs. This move has made the
�® city more amenable to residential uses. Increased non-industrial employment in cities,
linked with the changing idea of the "traditional" family, has played a role in gentrification.
The family today may be a single-parent household or couples without children, people for
whom the suburban venue is not always a good fit.
Some of these causes for go gentrification overlap with what we are calling triggers.
0 While the triggers are not exactly causes, they do contribute to the process of gentrification
A
o and sometimes expedite the process. One such trigger mentioned above is redevelopment
o of an area close to your neighborhood. If you see that an entire area is being revitalized,
4/ there is a real likelihood that your neighborhood will experience gentrification. Another
0
sure sign of impending gentrification is the renovation of historically significant buildings.
go
Urban Habitat, a California social justice group, has found -
that good access to highways and the presence of a minority
population also contributes to the potential for gentrification.
1
Trends to watch for include:
�� • Redevelopment projects
• Good highway access
• Living in a traditionally minority area
• Historically significant buildings
��R � �idt�►yam
As we said, this handbook is not meant to be an academic study of every issue
surrounding gentrification and displacement, but awareness of what triggers gentrification
ggD VHF'\c4i"• s;c:`1��C4Ur�,Ut6�`4'-�'� .Rei'.s,;;cc;6
and what is helping it along may assist you in avoiding displacement in your
neighborhood.
Voluntary and Involuntary Displacement
At this point, we would like to differentiate between voluntary and involuntary
displacement. During the process of neighborhood revitalization, newcomers who have
more money often replace less affluent
.r
neighborhoods. The reasons why residents move
out, however, may be voluntary or involuntary. For
homeowners, the decision to sell a house may be a
purely voluntary one based on appreciating
property values and the desire to profit from the
sale of their home. This is clearly a voluntary decision, but it is a very different situation for
renters and less affluent homeowners.
For renters, if the value of their rental property goes up dramatically within a short
time, the landlords may choose to sell the property and make a profit. While this is not an
unusual step to take, it serves to reduce the availability of affordable rental properties and
may cause people in the neighborhood to move elsewhere. If the property owner raises the
rent because demand for a rental is increasing as the neighborhood revitalizes, the results
are the same. Residents, who cannot afford the higher rent, must find housing in a
different neighborhood.
For less affluent homeowners, a number of possible situations arise. The tax burden
may increase to the point they can no longer afford to keep their home. As neighborhoods
gentrify, code enforcement often becomes stricter, and longtime residents may lack the
means to bring their properties up to code. Even if a home sells, homeowners may not be
able to afford a comparable home in another neighborhood. Whether you are a renter or
an owner, this handbook will suggest how communities can retain a mix of housing
without displacement of longtime residents.
l'.��rC zxk�era\t%oer� •ete�?, Gu ,sz�raie 12
z
SECTION 1: BEGINNING
® The information in this section will give you a place to start: something to focus on
as your community organizes and meets to discuss what might happen as your
neighborhood redevelops, property values go up, and your neighbors possibly feel
pressured to move elsewhere. You and your neighbors can use these suggestions without
having specialized planning or technical advice. We suggest, however, that someone be
chosen to take notes, keep track of input, and record decisions made.
The suggestions that follow are steps you can take without any specialized planning
experience: organizing people, defining your neighborhood, preserving what's already built,
and becoming familiar with local government officials. We hope that you are successful in
this endeavor and that your leadership will encourage other neighborhoods to follow in
i
your footsteps.
�I
Tool: Organize your Neighborhood
Talk to Your Neighbors
I This is the best place to start—in your own backyard. If you live in an apartment
building, talk to those who share the building with you. Invite them to meet with your
group, and ask them if they are interested in making a difference. If you rent or own a
home, ask the people on your street to attend a meeting with you. Enlist local businesses in
your effort. Talk to anyone who will listen.
Form Partnerships
Partnerships are powerful. Talk to the principal at your local school. Tell local
business owners about your group. Look to any informal organizations, faith-based groups,
�I
or non-profit groups in the area. Don't forget about the banks nearby. Reach out to anyone
who will listen—the more voices behind your effort to be heard, the better.
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1
Communicate and Commit
There are lots of ways to publicize your work besides talking to your neighbors. You
® can write letters to the local newspaper, put up notices in the local groce
ry ry store, or ask the
local place of worship to announce your community meetings. Call your city's or county's
planning department and let them know that you are having a meeting and you would like
L them to attend. Call the police department.and see if there is a community liaison who
would like to learn about your neighborhood. The commitment to organize, as outlined in
this handbook, will take a year, but the effort to fight displacement is long-term.
Celebrate
Plan a block party, a potluck supper, or barbeque for your community! It will help
bring neighbors together and act as perfect forum to let everyone know about your efforts.
000OW Tool: Gather Basic Information
e.
Before you begin to address the issue of gentrification and displacement, learn as
much about your neighborhood as you can. We feel it is just as important to find out
about the people in a neighborhood as it is to learn about the physical structure. That's
why we begin with the question of who you are rather than where or what you are.
Who Are We?
When private developers market a new
-
housing complex, they often take images from nature
or draw on the public's desire to return to a simpler
time by advertising their development in an idealized
manner. This technique is another way to "make the .y
sale." What older neighborhoods often forget to do
is appreciate their unique character. Although w,;. a
14
r� development in southeast Florida occurred fairly recently, the history along the eastern
® corridor is a rich and important story, one with many layers. All of these layers play a part
in what the region is today.
In southeast Florida, the first areas to be settled by European Americans and
African Americans were along waterways; the Loxahatchee River in Jupiter, the New River
in Fort Lauderdale, and Biscayne Bay in Miami. These settlements grew near the water
because the transportation from town-to-town was by boat; people received supplies and
mail by boat while the area west of present-day Interstate-95 was impassable swamp (now
called wetlands). It wasn't until the canals were dug to drain the Everglades that the areas
west of the eastern corridor were settled. This historically significant eastern corridor
should be preserved, and the many communities located there should have an opportunity
to take part in the revitalization.
The west Jupiter community of Limestone Creek is near the historically significant
Loxahatchee River area on the Martin/Palm Beach county line. Many of the members of
the community bought land there in the 1950s and 1960s. In order to identify one of the
® lots, a property owner planted a tree on his land, and it has grown large and become a
place where the community gathers for celebrations. The tree has also become a symbol for
this rooted community and even appears on some of the community pamphlets.
Researching a bit of history about your neighborhood (when it was built and who
developed it) may give the people who live there a sense of place. It helps build an identity
for your neighborhood. Collecting oral history from people who have lived in the
neighborhood for a long time is a good way to find out this information; local schools
could possibly help with this and make it a school project. Visiting the local historical
society may be interesting as well. Sometimes they have archival photographs and may even
have old pictures of landmarks and buildings you know.
"atAre We?
We recommend that you start with a visual survey to find out what kind of
buildings and land uses your neighborhood has. A visual survey will let you know how
many structures exist within the neighborhood, how many are abandoned, how many are
h`���Z tttet;e\'C`%i nt t4e c?i i 4ae�4���rt 15
multi-family structures, and whether there are other land uses within the neighborhood
® (e.g. commercial or industrial). It will also tell you whether there are public facilities such as
parks and open space.
L Where Are We?
It is important to know about the city and county boundaries and whether you are
incorporated or unincorporated. Purchasing a detailed map of your town to determine the
section, township, and range classification is probably the best place to start. This
designation will be significant later in the handbook as you determine who owns the
parcels of land in your locale. This is only one way of describing land, but it is the one used
in Florida. Although it sounds simple, there is a lot you can learn just from looking at a
map.
If the community is an incorporated municipality, it will have a city or town
council. On the other hand, many communities are in unincorporated areas and are a very
small part of the county. This determination will become very important as you decide
® which local public servants can help your neighborhood.
There are many departments within local government that can supply your group
with information valuable to this process. Local governments usually have an office
responsible for keeping maps and property records for public use. In addition, there are
many other documents that will help you in this phase of information gathering. Plat maps
and aerial photographs are examples and will be described in the next section.
Define Boundaries
After talking to community members about who, "what," and "where," discuss
the boundaries that you will use to define your neighborhood. This is important for
knowing exactly what you are starting with and being able to measure changes over the
course of the coming years. It helps community members define their "sense of place."
4'C�.e•4EY,`t;�l'tZC CC�i�fit�e��a� 1,i.:q�.ae e�C�A<.k�P 16
Tool: Preserve What's Already There
Code Enforcement
:v
There are laws that require properties to be maintained in good order. If
you see a property with broken windows, poorly maintained landscape, or tremendous
paint damage, you have the right to call the code enforcement department and complain.
If a home or building has been abandoned, the structure must be secured so that it does
not attract vagrant occupation or criminal activity. When you conduct a visual survey of
the neighborhood, these code enforcement violations will be obvious. Good code
enforcement helps maintain the stability and economic viability of individual properties
and the area in general.
i Law Enforcement
Many people feel they must leave a neighborhood because of criminal activity that
disturbs the safety and well-being of all. This only leads to more abandonment and
aggravates the situation. Perhaps more than any other neighborhood problem, this needs
to be addressed by the neighborhood as a whole. Get to know your community policing
team and discuss the issue at your meetings to confront the problem head on. Code
enforcement and law enforcement are only described briefly, but their importance can not
be overstated. Addressing and resolving these two issues can make the difference between
instability and long-term success.
Tool: The Local Political Environment
...
County Commissioners
Get to know your elected officials as early as you can. Go to city or county
commission meetings as often as you can. The more the commissioners see you, hear you,
and read your mail, the more successful the results will be when you ask for their help. If
you don't speak up, they won't know your neighborhood's problems and plans. You may
i find that by getting more involved in the political process you even can help get
community-minded candidates elected.
17
Find out who your district commissioner is and arrange to have leaders from the
• community sit down for a talk with her or him. Be prepared to discuss your needs in some
detail and ask lots of questions. Bring photos, ideas, and facts to share.
Remember that your representatives can't possibly know the particulars of your
neighborhood, your vision for the future, or your community's need for funding assistance
unless you tell them. The old saying "the squeaky wheel gets the oil" is a solid fact when it
comes to working with government.
Mayor and City Council
First, it is necessary to identify whether you are located in a municipality or whether
you are in an unincorporated area of the county. If you are within the boundaries of a city
or town,you will have an additional layer of government.The mayor and city council make
many of the rules and regulations that apply to just your town. For example, the land
development regulations for the Town of Jupiter are different than the rules for Palm
Beach County and also different from the other 39 local governments in the county.
In some towns, each city council member represents a certain area. In other towns
they are elected "at large" and represent the entire town. Get to know who these officials
are, especially the mayor. Although the mayor may not actually have more power than
other council members, there is a perception of greater influence simply because of the
title. Call city hall to find out when the city council meets. These are public meetings, and
you are allowed to attend; we encourage you to do so.
Planning and Zoning
It is important to understand the functions of the local planning and zoning
department(s), because carefully crafted planning and zoning enable a community to be
molded into the desired form. The planning department is central to the function of the
local government. By creating tools such as the comprehensive plan, the planning
department charts the future of a community. With legal assistance the planning
department also creates zoning ordinances and development regulations. In many
communities, planning and zoning are housed in one department.
R wtopkiw rye 18
The planning and zoning department will be critical allies in helping you
understand the process of community planning. Planners may also have information about
building styles, neighborhood plans, roads, parks, civic areas, and other things to help your
community design its future. Zoning staff can help translate the code or provide guidance
when making zoning decisions.
These departments are also where you must become familiar with two basic maps:
the future land use map of the local comprehensive plan and the zoning map. The first
map is a legal document that tells you what kinds of uses (residential, commercial,
industrial, etc.) are allowed in the community. It can only be changed after public hearings
by your elected officials, and any permits issued must be consistent with this map and the
goals, objectives, and policies included in the local comprehensive plan which control all
development. The second map is also a legal document that is required to be consistent
with the first. It contains specific details describing the types of residences or businesses, for
example, that are allowed in different districts shown on the map. This map is officially
part of the zoning code, and there you will find specific details such as lot dimensions,
® building setbacks, and height restrictions.
Building and Permitting
The building department reviews drawings for safety and durability purposes and is
concerned with the structural, architectural, and mechanical details of buildings. Fire
safety, plumbing, heating, electrical wiring, roofing, and siding must all meet the standards
set by the building department.
Public Works
Garbage collection, recycling, waste management, and street maintenance are
responsibilities of a community's public works department. This is a department you would
call if you had a problem with trash removal in your neighborhood.
D
4?.e�rt<G>a;�cr.�e AX?i°tnc,aae 1`is�,L;.i �;4�axe 19
The Community at Large
® Talk to your neighbors, not just the ones in your community, but in the larger,
regional community as well. Some neighborhoods have already started organizing and can
share their successes and failures, enabling you to avoid setbacks and move ahead more
�- quickly. Get the names and phone numbers of other community leaders who might have
experience with neighborhood organizing and call them.
It is a good idea to begin talking to non-profit groups as well. Many community-
based groups include citizen outreach as part of their mission, and they may be able to help
with certain aspects of your community-building process. As you gain knowledge and
confidence, these groups may be able provide technical assistance.
Community Forum 1:
�Y
Reaching Community Consensus
Reaching a community consensus is one of the most important actions to take
throughout the process of"displacement-proofing" a community. There are several points
at which a community needs to know that most of its members support the efforts that are
underway. We suggest four public forums during the course of the year that will coincide
with each of the four sections in this handbook and will include all community members,
public officials, and partners involved at the time of each meeting. A public forum would:
• Discuss and review efforts
• Reassess goals
• Redefine goals
• Solicit input from the community
• Identify conflict early
List partnerships
• Set a date for the second public forum.
20
SECTION 2: FINDING THE RIGHT PATH
The next set of tools will take you along a path that may be a little more challenging
than Section 1. These tools will tie you more closely to the current political process and
development in your community. For example, we suggest that it is a good idea to know as
much as possible about property ownership in your neighborhood, whether property values
are escalating, and if there are developments planned that may be inconsistent with your
vision. Gathering information is an important step in influencing the development
process.
Tool: Know Who Owns What
How to Iden d y Property in Your Neighborhood
In the late 1800s, the government owned most of the land in Florida. As in many
other states, the government had to divide up this land in an orderly way so that it could
be dispersed or sold. They based this system on the lines of longitude and latitude and
measured out as a grid of squares that was broken down into smaller and smaller parts.
While a normal postal address includes a street, town, state, and ZIP code,
government records classify land according to section, township, and range. The larger
squares are referred to as townships and ranges, that are further divided u p g pinto sections.
As smaller pieces of land are sold within each section, each lot is assigned a parcel number.
This part of the handbook will give you information about how this system works. If you
figure out this system, you will be able to access the public records in the property
appraiser's office. These records reveal ownership of the property, the value and tax status,
and details about the building.
Section, Township, and Range
A township is six miles on each side, forming 36 square miles. Each .of these is
numbered from east to west. Ranges go north and south and are assigned a number as well.
Each township is divided into another 36 square pieces called sections. Each section is one
mile on a side and the numbering starts at the upper right hand corner with 1 and ends in
P
�s�C\CCi''St;c'tt9 A'�6flvEe�z,G �i.?K'GUIe'4tlCh�� 21
1�
i
the lower right with 36. It is possible to find a section, township, and range for every
location in Florida. Each section contains 640 acres, and since most parcels of land are
much smaller than that, the 640 acres is further divided into divisions.
Parcel Numbers
Each property lot has a parcel number assigned to it. This number stays the same
each time the property is sold and gives the county a way to keep track of every piece of
land in order to collect taxes. This number is important to know when using computer--
based public tax records. It is possible to enter the section, township, and range along with
the parcel number and find out who owns a property and how much the property is worth.
The PropertyAppraiser's Office
The property appraiser determines the value of each piece of real estate in the
county. The county and its municipalities use these figures to determine how much each
property will be taxed. All this information is public record, so you have the right to see it.
Once you have determined the section, township, range, and parcel numbers of property
in your neighborhood, you can access the property appraiser's computerized records and
look up more than just tax information
The information at the property appraiser's office will offer you another layer of
knowledge. You can figure out if there are tax delinquent properties or absentee landlords,
or if someone is buying up large parcels of land, possibly for development. This
information can also be used to determine property ownership, the age and value of
structures and improvements, and legal descriptions.
The website of the property appraiser's public access system (PAPA) in Palm Beach
County is http://www.co.palm-beach.fl.us/papa/.
01
Tool: Public Information Gathering
There is a great deal of information available to the public, and, with a
little investigation, you will know as much as the professionals about where you live. With
access to public information, it is possible to determine if your local government has the
best interests of your neighborhood in mind.
V`e�c&v��x�ex�a�C'oht�c,eae C C 's�ex�� 22
There are so many kinds of public information records that we cannot list all of
them here and you may only have time to find a few of them. For example, we suggest
getting maps and aerial photographs, which are fairly easy to obtain, of your neighborhood.
The document that determines how land will be used in the future, the comprehensive
plan, is available, but the entire document is quite long and complicated. You may want to
w
work with the Joint Center and 1000 Friends staff on obtaining this document. City
council and county commission meetings are public information, and you may purchase a
tape of any meeting. The following are a few sources of information that may help you
learn more about your neighborhood.As we refine this process, we hope to add to this list.
The Comprehensive Plan .
The state of Florida requires each local government to develop a comprehensive
land use plan. The comprehensive plan states in writing exactly how the municipality will
grow in the future. If you live in an unincorporated area, look to the county
comprehensive plan to find this information. It describes the many ways in which land is
used within the county; residential areas, agriculture, roads, and parks are all included.
If a change is made to the comprehensive land use plan, such as adding a
neighborhood plan, the change is called an amendment. Documentation accompanying
the application for an amendment must be in detail and include maps and legal
descriptions of the area. For example, when developers buy a large farm, with the intention
of building a housing project there, they need to apply for an amendment to the
comprehensive plan. If the development is large the plan needs to go to the state level for
approval. The comprehensive plan contains a wealth of information and can be obtained
from the local government.
For an overview of the requirements for local comprehensive plans under the 1985
Growth Management Act, we recommend Planning for Tomorrow: A Citizen's Guide to
Smarter Growth in Florida. This booklet was prepared in 1999 by 1000 Friends of Florida
and describes Florida's approach to fostering smart growth and informs citizens about how
to keep their communities prosperous and livable.
23
Plat Maps
Plat maps are diagrams that show each parcel of land within a geographic area and
are an invaluable source of information for your neighborhood group. When you order a
plat map of your neighborhood, you must know the section, township, and range. Plat
maps include parcel identification numbers, which is important because you will need to
know the parcel identification number to find out who owns property in your
neighborhood. Plat maps also depict lot dimensions, rivers and streams in the
neighborhood, and street names. In addition they show the total number of blocks and
names of subdivisions as they were recorded with the city or county.
Plat maps can be purchased at the county planning department or obtained
through private sources. One company that sells plat maps is National Data Research
Center.Their phone number is 1.800-833-5110.
Aerial Photographs
Aerial photographs are an important source of information. You will be able to see
how your neighborhood looks in relation to the surrounding areas. Commercial areas will
show up, along
with an
undeveloped
parcels that may will
not have been
obvious during
your visual survey.
Sometimes you
will find things on
aerial photographs ' `
that will not show
up any other way. Aerial photographs can be ordered from private sources or obtained
from the local county government.
�le��Ze Rtz�t1�\C uetnea�a� >ii�34:1i�e11e_4�� 24
Zoning in Your Neighborhood
Zoning laws designate how a community develops and are based upon where the
local government wants various types of land uses. For example, agriculture is usually
placed away from urban areas to avoid potential problems relating to noise, chemicals,
truck traffic, and other nuisances. In the same way, most commercial and retail land uses
® are placed near residential areas and along roads so that traffic and public access needs are
addressed.
Sometimes zoning can change to accommodate a different use as the needs of the
community change. Zoning changes take time and are tied to government processes that
sometimes take months and even years to become reality. Changes in the zoning.code
should first be discussed with the planning department to see if such charges are
appropriate and legally sound.
We have mentioned that local governments are required by Florida law to prepare
a comprehensive plan that includes maps describing where certain land uses are
appropriate. A copy of your community's zoning code and zoning maps are available;
sometimes a small processing fee is charged.
Regulations You Might Want to KnowAhout
As a community begins to address redevelopment, a number of factors need to be
considered. The local government has a set of land development regulations that are
guidelines to be used by the community or developer. Not all of them will apply to every
community, but the community should understand the ones that do. These regulations are
available from the planning, building, and zoning department of the local government.
They may include the following:
Impact Fees - In order for a community to expand, impact fees are sometimes
imposed to help pay for schools, roads, fire and police protection, libraries, civic buildings,
and other government services.
If a community wants to do private land assembly to create a larger scale
redevelopment, the rules may be a bit tougher, especially if the intent is to convert property
k'L��C :a;tieaze�`L%�atat toe n>.r :t ��4t�a�e 25
A
that is zoned single-family to a multifamily project with higher density. A comprehensive
plan amendment may be necessary, in which case an experienced planner should be
consulted.
Environmental Regulations - Most communities in the eastern corridor do not
have large areas of environmentally sensitive land; that is, wetlands have long ago been
filled, and uplands have been cleared to create development in those areas. Some
communities may have remnants of native Florida habitat, in which case permits may have
to be secured to develop these lands. Purchase of that land by the local government is
sometimes possible if funding is available, and grants can be awarded through state
programs for greenways, parks, and land preservation. Communities with open space are
usually better places to live and may enjoy an increase in adjacent property values.
Some communities have regulations regarding specimen trees (unique native trees
that tend to be large in size). Often, these trees can be left in place and become amenities
to the neighborhood. The planning department or environmental department of the local
government will direct residents to the proper person who can answer questions about this
® kind of issue.
If you don't know if a piece of land might have environmental issues, it may help to
check with a knowledgeable person or a non-profit organization such as the Audubon
Society, the Florida Native Plant Society, Sierra Club, or others. Finding out in advance of
buying the land can save money and prevent disappointment if the land in question has
limits on development. If the community still wants to go ahead, it can do so,
understanding that developing native habitat requires lengthy reviews and the hiring of
consultants experienced in preparing environmental permit applications. Permit times can
be as short as three months for a relatively simple clearing permit or can take two years or
more for a site containing wetlands and good quality uplands. It is important to fully
understand the type of land being considered for development.
In some cases, a community might want to redevelop a site that may have other
environmental problems in the form of pollution or soil contamination. These are called
"brownfields" and are places where chemicals, fuels, fluids, metals, or other substances may
26
be present and pose health problems. Some common brownfields are old gas stations, dry
cleaners, metal plating businesses,welding shops, and so on.
The federal government can provide funds for cleaning up theses sites and offer
methods for recycling land otherwise unfit for development. The county's health
department can often identify brownfields and provide guidance for cleanup and
redevelopment. It is important to use this type of land correctly so the public is not in
danger. Zoning and health issues would surface very quickly if a community decided to
place a day care center on a site that had pesticide residue in the soil.
Fortunately, during the due diligence process in many real estate transactions, these
problems can be identified prior to closing the sale. Then the buyer can investigate the
possibility of government assistance in cleaning the soils and determine whether the
project is economically viable.
Many older neighborhoods have already been platted and zoned for a certain
number of homes, and, therefore, they are "grandfathered in" with regard to certain rules.
Examples of this might be traffic performance standards, environmental review, and
impact fees. When looking into redevelopment, a community should check the existing
` zoning. Zoning is the trigger for many other regulations and will indicate immediately what
is required for concurrency and impact fees, if anything. Environmental regulations are
another consideration, and environmental questions should be investigated regardless of
zoning.
Other land development regulations - There are other land development
regulations that you should also know about. They must be .considered when any new
building is constructed, although frequently many of these regulations will not apply.
Typically, these include subdivision of land, storm water runoff and controls, and clearing
vegetation off the land. In most cases, the planning, building. and/or zoning departments
can help you understand which regulations affect your property.
�i
Tool: Using Technology
Tools to help a community tame gentrification have been enhanced by
computers.The use of computer technology allows neighborhoods to:
• Create a community newsletter
• Find tax delinquent property on the web
• Access a variety of public information records
• Find property records in the property appraiser's office
• Communicate with community members
• Put neighborhood history and events on the web
• Conduct a visual preference survey for the neighborhood
• Use geographic information systems to help assemble land
0 Tool: A Visioning Process
A visioning process is often one of the first steps a community takes as it
determines its future. The objective of a visioning process is to develop a vision
statement to guide the rest of the development process and, more generally, the
community's future.
A consultant or facilitator may guide the process. In fact, having a professional
from outside the community may help overcome dissention due to differing interests
within the community. A professional facilitator will also structure the visioning process so
that it takes enough time but does not become bogged down. The facilitator may also
prepare a written report on the vision and its development.
The process involves participation by representatives of the entire community who
are asked a series of questions about what they do and do not want to see in their
community. The participants may also be asked to share any obstacles they are aware of
that may make the vision difficult to achieve, and for recommendations on how to
overcome those obstacles. The visioning process may take advantage of the "SWOT" form
'va�x<g4���c��\�l"aaracx4a C� �Ca .��ti�xE 28
of strategic planning, where participants identify strengths, weaknesses, opportunities, and
threats.
The basic requirements for a visioning process are participation by all groups
within the community, sufficient time and thought to develop the vision, and finally,
AMk gaining the support of the entire community for the vision developed on its behalf.
Community Forum II: Share Your Vision
The agenda for this forum should look about the same as
the first one, but by this time you will probably know some of the
S
local government people and asked them to attend your meeting.
There will be much more information to share at this forum since you have gone through a
process of information gathering and will have a lot to show for it. Also, you will have a
clear idea of what you agree on for the future of your neighborhood after going through
the visioning process. During the forum, you would probably:
• Welcome public officialsPITMFP m-,-�
• Present your vision
f t
• Reassess progress
• Redefine ,foals
• Solicit input from the community a
• Identify conflict
List partnerships -a
• Agree upon a date for Community '
Forum III N
29
® SECTION 3: PLANNING YOUR NEIGHBORHOOD
Everything you have learned to this point will contribute to this very important
phase of the effort to avoid displacement in your neighborhood. This is the shortest
section but probably the most intense. This will describe the process of applying your
vision to a Neighborhood Plan, which will be the outcome of a planning and design
charrette. During the implementation phase in the next section, your Neighborhood Plan
would then be submitted to the county or city and may become part of their
comprehensive plan. These exercises require professional assistance and cannot be carried
out without the full support of your community.
Tool: Create a Neighborhood Plan
b
1 You can create your own Neighborhood Plan. While not as detailed as the
comprehensive plan for your city or county, a Neighborhood Plan can help to
develop and then implement a vision for the future of your community. Rural and urban
neighborhoods alike can benefit from this kind of planning. Roads, sidewalks, parks,
greenways, land uses, and community design might be addressed in these plans. The
Neighborhood Plan is also a good way for citizens to communicate their ideas to their
elected officials.
When the community meets in a forum to share its vision and review the results of
a charrette or other meetings, residents need to develop strategies to implement their
vision. These strategies will provide the framework for their written Neighborhood Plan.
Copies of existing Neighborhood Plans can be obtained from the planning departments at
both the City of Dania Beach and Palm Beach County.
While Florida law currently does not require local governments to officially
recognize Neighborhood Plans, cities and counties can certainly do so if they wish. Some
local governments, like Palm Beach County, have agreed in their comprehensive plan to
consider Neighborhood Plans when making development decisions. Others, like Dade
County, have actually adopted Neighborhood Plans as a part of their comprehensive plan,
giving them the force of law.
30
Florida gives special attention to the creation of community redevelopment
fl districts. These are places that contain blighted areas and are officially identified as such by
the local government. A Community Redevelopment Agency (CRA) can be created in
90 order to focus attention and resources on the area. This process requires the adoption of a
go Community Redevelopment Plan and can. include a general Neighborhood
Redevelopment Plan.
Recent legislation authorized local governments to identify Urban Infill and
Redevelopment Areas.as a part of their comprehensive plan. Various financial and tax
® benefits are authorized for these areas to encourage residential and economic
redevelopment. Clearly, a Neighborhood Plan could be created by the citizens of the area
and incorporated into the overall planning process.
For more information, visit The Citizen Planner Institute at
http://www.citizenplanner.com.
Architectural/Design Codes
Architectural and design codes are a valuable tool to define a neighborhood,
community, region, and even country. They often reflect a period in history, climate,
_ economic status, ethnicity, and quirkiness peculiar to the area. In south Florida, our
architecture is often low profile, and made of concrete or stucco, has low roof pitch or flat
roofs, and may be painted with bright, rich tropical colors. For example, Key West has a
flair for "Florida Vernacular" architecture, consisting of wood buildings on pilings. The
roof material for this style of architecture is mostly metal, and there are plenty of windows
opening onto porches and decks.
The Key West style home is indicative of architecture designed for nature and an
island personality. The metal roofs are strong and hold up to high winds. The elevation of
the houses allows for air circulation to keep them cooler and also may be of benefit during
times of flooding. Hurricanes were an especially powerful design influence in early south
Florida development. Today, homes are still being built in this way, even after much
experimentation with different styles. The design is appealing to people along the coast in
31
south Florida not only because of their efficiency but because this design helps define the
character of our region. -
Other architectural styles have helped shape our older communities and given
them the timeless appeal that helps keep real estate values higher over the long term. A
+- community with the vision to create a mix of architectural design features that appeal to
residents as they redevelop might also increase the overall values within the entire
community.
Care must be taken to provide a mix of economic levels in the housing that is
offered, or the neighborhood could gentrify, remain static, or decline in value. A gradual
increase in values for existing property owners is good, and allows future property owners
to see that the neighborhood is stable. At the same time, they are not priced out of the
market.
While keeping an eye on stabilizing the neighborhood, it is a good idea to put
together a team to discuss and make decisions about the types of design guidelines the
community wants. As developers become interested in building homes, they will know
what types of architecture and design features are preferred, avoiding potential delays and
polarization of the community, government agencies, and elected officials. The perception
of a well-organized community team goes a long way in the approval process.
Tool: A
Planning/Design Charrette
0005
A planning/design charrette is a rather involved process and you would need a
consultant with expertise in the structure of charrettes, urban design, architecture,
and planning. The purpose of a charrette is to develop a site-specific plan for a community
that includes, at a minimum, land uses, vehicle and pedestrian circulation, parks and open
space, and civic uses. Both the Joint Center and 1000 Friends recommend this process.
During a charrette, community members work with design professionals to create a
picture of how you would like your neighborhood to look. A charrette ordinarily consists
of three parts and is held over several days. First, the planners and designers introduce
themselves and talk to the community about how the process works. They may also show
you examples of community designs that they recommend. Then, often the next day,
R �a.Ce p e eta�X!aatn�nie �i C.bc.a�a�ak� 32
W
everyone is invited to a workshop where you are asked for your ideas: what you would like
to see in your neighborhood and what you do not want for the future. You have a chance
to draw your ideas and often work in small groups.
The third part of the charrette, after designers have reviewed all of the ideas, is to
a create a plan based on the collective ideas. At the very end of the charrette, the community
is presented with a drawing and sample plans based on your shared ideas. This is the best
form of community planning because you are then able to use these ideas in the future and
even incorporate them into a Neighborhood Plan.
Typically, the Regional Planning Council can help you
organize a community charrette. 41
Le
Tool: Nei;hborhood Governance
One of the most essential considerations fora
neighborhood or community facing possible residential displacement is to find a
voice to speak for them. In addition to having a voice, a community needs someone to
watch over it--a group to monitor how the community is doing. For example, are a
significant number of rental units looking more and more run down? Or, is the responsible
local government ignoring trash piling up on vacant lots?
A community needs a group who is responsible for monitoring the state of the
ib neighborhood and taking care of matters that need to be addressed. A community also
ib needs to be organized so that all are included in visioning, planning, and decision making
ib about their future and are represented before local governments. A community can
organize in many ways that range from quite informal to very structured. The following are
examples of less complicated versions.
Faith Based Organizations
A group is considered faith-based if a church, synagogue, or other religious
organization establishes it. If a community has a strong religious presence, then one or
more houses of worship may sponsor a neighborhood association or a community
development corporation.
C�l\c•v�'�.`-tt.1l'ri,��S�l;CO,C t4�"hli,•,wl�.l�.-ktl�gZ� 33
Informal Neighhorhood Associations
Informal neighborhood associations are the most basic form of grassroots
community organizing but can turn into a powerful voice for citizens. You will find
T
neighborhood associations all over the county; they are involved with all aspects of
community life and act to preserve and enhance the quality of life for their members.
Community Development Corporations
For the purpose of this handbook, when we refer to CDCs we are talking about
non-profit groups that have received a tax exemption from the Internal Revenue Service
classifying them 501(c)(3). This .allows the group to engage in housing and economic
development as well as general advocacy and community-building strategies. CDCs are
supported by public and private grants and low-interest loans. They are more formal than
neighborhood groups because they must have an executive director and a board of
directors, usually from the community.
`{ . Community Forum 111: Our Neighborhood in
2020
The public forum will discuss the plan and vision for your
neighborhood twenty years down the road. Your visioning exercise, design charrette, and
Neighborhood Plan will be presented and public input will be solicited. The agenda might
look like this:
• Solicit input from community-
• Welcome and public officials
• Sharing the vision for 20?0 • Tarbet conflict
• Presentation of charrette results • Discuss the implementation
• Develop strategies phase
• Discussion of Nei<,hborhood Plan
4?1 'vtC)gkkw't�t 34
W
SECTION 4: IMPLEMENTATION
The last phase of work may take the community beyond the actual project year.
During the implementation phase of Development Without Displacement, we have set
forth a number of tools that we feel will help you implement your neighborhood plan.
You have already created a vision for your neighborhood, worked through the
community planning and design charrette, and developed a neighborhood plan. You may
want to spend some time deciding which of the following tools will best serve your
purposes and solicit advice from the Joint Center and 1000 Friends of Florida before you
proceed.The future of your neighborhood is in your hands.
PORO Tool: Private Land Assembl
y
Joining contiguous lots to make one larger parcel of land is called "land assembly."
This section of the handbook suggests a way for a community-based group to
assemble land and take part in the development process. One problem developers face
when deciding whether to invest in an urban area is that often the contiguous parcels are
too small for building anything other than a single house. Most vacant parcels of land in
urban areas that have potential for residential development are smaller than one quarter of
an acre. Putting land together one piece at a time can be very expensive for a developer,
especially if there are pollution or title problems. This is one reason why new developments
often occur on the outskirts of town where large pieces of land are available and why, as
the suburbs grow, the central areas of the city are ignored. Finding a way for landowners to
put their property together to work with a developer allows everyone to participate in the
process and, therefore, allows everyone to benefit.
There are different ways.to assemble separate, distinct parcels of land into a.larger
piece of land, while encouraging the various owners to cooperate in the implementation of
a neighborhood development or redevelopment plan. Land assembly may be accomplished
through private or public actions. Private land assembly agreements involve several
landowners coming together and signing a contract in which they agree to pool their land
into a larger piece. Joint venture or limited partnerships, land trusts, neighborhood or
35
community cooperatives, or corporations provide ways to structure these private land
assembly agreements.
The site's potential is much greater if contiguous parcels have been joined together
under a legal agreement by citizens, thus making the prospect of development more
attractive to developers. Land assembly can work to the advantage of both a developer and
property owners. The property owners empower themselves by enhancing their
neighborhood and perhaps benefiting from the increase in land values. The developer is
able to build on a parcel that is of sufficient size to meet today's market demands.
,5 Several years ago, proposed legislation
>- was written that would have streamlined the
14
land assembly process. It would have created a
x >j state law that regulated how individuals put
their land together for development projects.
However, it was determined that this proposed
legislation was unnecessary because property
owners have the right to do this on their own, without state legislation.
There is another tool for assembling land, called eminent domain, that we are
NOT recommending but which we include in our list of tools for communities because it
is a powerful mechanism that has been used to encourage development. Local governments
or organizations chartered by local governments acting as a Community Redevelopment
Agency (CRA) can assemble land and then implement the redevelopment plan. Public
bodies such as local governments or a CRA may exercise the power of eminent domain
and "take" land needed to further the redevelopment plan. In this way, persons not
wishing to assemble their land with the rest are forced to do so and are compensated for
this obligation at the fair market value of their land. The accommodation and relocation of
the people living within the assembled area are important to avoid displacement and
perpetuation of the same problem that the redevelopment effort is attempting to solve.
Governments have used eminent domain for years. Unfortunately, in some cases,
the results were negative for the people who lived in the redevelopment area. Sometimes
road building was used as an excuse for getting rid of older homes,. and the displacement
u
k �.0 xxt��t\C',etn4 aa� ?r kua.xak�:nYt 36
from road projects cut many neighborhoods in half. For example, when Interstate 95 was
® built through the City of Miami, the transportation engineers thought that the project
+ would serve two purposes: build a highway and tear down some of the older homes in
Overtown. The 1-95 project had a negative impact on this neighborhood and did not take
into account the long history of the large African American community.
` We are NOT suggesting government land assembly through eminent domain, but
private land assembly whereby property owners benefit from the increase in property values
and take part in the redevelopment process.
Tool: Create a Land Bank
Land banks buy properties for the purpose of environmental preservation or for
the purpose of future development. Often a city government creates a land bank
in order to turn over abandoned or tax delinquent properties to nonprofit organizations
that can develop them. In the case of communities facing future displacement, a
community development corporation can act as a land bank by acquiring property for the
purpose of creating mixed-income housing, aiding the land assembly process, and assuring
® that future development remains on track with community goals. A critical component of
the land bank is its obligation to sell or transfer land out of the bank ONLY if it will be
developed consistent with the plan.
There are land banks that own open space or environmentally sensitive lands.
These are usually nonprofit organizations or land trusts. Trusts offer significant tax benefits
which may help keep land in its natural state. For example, much of the undeveloped
portions of Martha's Vineyard is owned by a land bank. Local governments have created
j their own land banks in order to assemble land for sale to a developer willing to implement
the redevelopment plan of the local government. Cleveland, Ohio, offers another example.
Years ago, Cleveland began taking land sold for taxes and banking it for future
redevelopment and urban renewal.
Some local governments, like Palm Beach County, bank and then transfer
0 development rights (TDRs) as opposed to the actual title to the parcel of land. The county
then transfers or sells these development rights to developers who want them in order to
`.���'C:g txtietae\C iatn�xaa ? Ca��st��rk� 37
increase the number of residential units that can be built on their land. Community
® Redevelopment Agencies may also "bank" land in order to implement the CRA district
plan. Again, key to the operation of the land bank is the plan for development or
redevelopment which should govern the sale and acquisition of land in or out of the bank
Tool: Community Land Trust
Community land trusts (CLTs) buy land to remove it from the speculative real
estate market and prevent land prices from escalating so high that housing prices
become prohibitive. The private, nonprofit corporation maintains local control and
actually owns the land underneath the houses, but the land is leased to the homeowner.
Those wishing to maintain access to affordable housing for the members of a community
form these corporations. Community development corporations, local governments,
religious groups, or grassroots citizens groups can initiate CLTs. It is a way for communities
to separate land ownership and home ownership as the property is only leased to the
homeowner. This allows the home to appreciate but keeps the land affordable. Property
taxes are paid by the CLT which, in turn, collects lease fees from the homeowners. This
makes housing more affordable and works to stabilize a community. There are currently 90
community land trusts in 32 states with almost 5,000 housing units. There are an
additional 28 CLTs that have not purchased any property yet.
There are many ways in which community land trusts work to combat
gentrification. They encourage local control over the land and housing market by
stabilizing prices. Once the land itself is taken off the market and is owned by the CLT, the
land price can no longer appreciate. The affordability of housing is maintained because the
community land trust controls the resale of the property and compensates the owner for
any improvements made to the house, but the property does not enter the speculative real
estate market.
Typically, CLTs buy and hold land but sell the homes that are on the land.
However, the land is leased to the homeowner for 99 years, and the leases are usually
renewable and can pass to the homeowner's heirs. Along with the agreement to buy a
house and lease the land, there is a policy that restricts the resale price of the home so that
38
in the long term, the place will be affordable for the next person. There is one community
land trust in Florida, the Bahama Conch Land Trust in Key West. _
CLTs:
• Promote local control over the land
• Encourage homeownership
• Provide affordable housing
9 Work to fight displacement
Tool: Affordable Housing or Everyone
f E one
y
t Down Payment and Closing Cost Assistance
Low-income people often pay rents that are higher than what they could be paying
for a mortgage on a home of their own. Floridians are very fortunate to have a number of
financial resources available to assist them in becoming homeowners. Every county(and all
entitlement cities) in Florida have State Housing Incentive Partnership Program (SHIP)
monies that are used in large part to provide down payment and closing cost assistance to
first time home buyers. To find out the name and hone number of the SHIP program in
P P g
10 your area, you can call the Florida Housing Coalition's toll free hot line (1-800-677-4548).
0 The Florida Housing Coalition is a statewide nonprofit that provides free technical
10 assistance and training to local government and nonprofits throughout the state, pursuant
to a contract with the Florida Department of Community Affairs. 1000 Friends of Florida
is a member of the Florida Housing Coalition's technical assistance team. In the Appendix
you will find a fairly comprehensive list of financing programs for affordable housing with
contact names and phone numbers for each program. For home ownership, the primary
programs in" addition to SHIP are the Single Family Revenue Bond Program, the
Predevelopment Loan Program, the HOME home ownership program, and the
Homeownership Assistance Program (HAP) .
R`cx�C� st��r�c�X'i�G�c toe l?.iiS taF�s���h;U 39
Credit Repair Assistance
® To become a first time homebuyer, having enough income to,make the monthly
mortgage payment of principal, interest, taxes, and insurance (PITI) is not enough. The
homebuyer must also have good credit or, at a minimum, not have bad credit.
L Unfortunately, many low-income families who would otherwise be able to afford a home
are left to rent because of credit problems. You should first find out whether your local
government has a credit repair program either through its SHIP program or a local branch
of Consumer Credit Counseling Services. You can call Consumer Credit Counseling's toll
free number to find the office nearest you (1-800-388-2227) .
If you find no homebuyer counseling program in your area or that the program
offered is limited to a short course in homebuyer counseling, you may either advocate for
an expanded program or consider using your community-based organization to work with
potential homeowners through what is known as credit repair programs. Again, the Florida
Housing Coalition (1-800-677-4548) can point your organization in the right direction. It
may take some folks a few months and others a few years, but with the proper counseling
® and support, a good many renters can become homeowners with the help of a credit repair
program.
Rental Developments that Provide Homeownership Incentives
Owners of run-down apartments should be encouraged to rehab their units using a
combination of federal, state, and local housing dollars. Code enforcement can be an
effective tool in bringing an owner to the table. When an apartment is rehabbed using
affordable housing funds, the loan will be coupled with a land use restriction agreement
requiring the landowner to keep the units in the affordable housing stock. Ordinarily, the
land use restriction agreement will be in place for 50 years (considered to be perpetually
affordable), and the landowner will be restricted to charging affordable rents. The
affordable rents. are set by the government, usually using guidelines provided by HUD
which take into account the number of bedrooms in the unit and the size of the family
living there.
40
9
Whenever Florida Housing Finance Corporation (FHFC) funds or housing credits
are used, the apartment owner also commits to providing a home ownership incentive.
Typically, the incentive provides that so long as the tenant is not in default of the lease
terms, 5 percent of the rent paid each month will be credited to the tenant to be used for
down payment and closing cost assistance on any home that the tenant buys upon leaving
the rental development. The rental programs administered by the FHFC are listed in the
Appendix and include the low income housing tax credit program (Housing Credits), the
State Apartment Incentive Loan Program (SAIL), HOME rental, and the Multi-family
Revenue Bond Program.
Homeownership Is No for Everyone
Although most of us think of home ownership as the American dream, a healthy
community will ordinarily have a mix of home ownership and rental options. There are
some folks, like the elderly or the disabled living on fixed incomes, who do not want the
financial or maintenance responsibilities that come with home ownership. Others working
at low wage jobs may be able to get into a home with down payment and closing cost
assistance, but their incomes will not support all of the unexpected expenses that inevitably
arise when owning a home. They will not have the financial ability to fix the plumbing,
repair or replace the roof, or any other that regularly accompany home ownership. Home
ownership for them can easily go from a dream to a nightmare.
Building Mixed-Income Housing
Mixed-income housing is designed to allow different income levels to live in the
same development. Neighborhoods today are often segregated by incomes, with higher
income people in one area and lower income in another. In mixed-income developments,
however, there are subsidized units available for rent or for sale and there are `market rate'
units in the same development. Market rate housing sells for whatever is being charged on
(� the open market. Deciding to build an economically integrated development of mixed-
income housing is one way to resist displacement because there is a chance for longtime
41
residents to stay in their neighborhood rather than having to move elsewhere. It is proving
to be a successful way to offer affordable housing to those who would otherwise be
displaced by gentrification.
There are many examples of mixed-income developments throughout the country,
most in urban areas, and we have described several of them below. Most offer amenities
L
such as swimming pools, parks, and recreation centers. Including these amenities is one of
the ways to attract market rate renters and buyers; a mix of commercial uses for the
convenience of tenants might also be provided. The most unique aspect of mixed-income
housing is the pricing structure; some tenants might pay a subsidized rate while others pay
the full market rate for a similar unit. The rental or sales price is based on income.
However, both subsidized and market-rate units are built exactly the same, look alike, and
offer the same amenities to all tenants.
Interviews with people who live in mixed-income developments revealed that
market rate and below market rate tenants chose the development for very much the same
reasons: the quality of the development, access to facilities such as public transportation
and shopping, and the neighborhood. Some tenants were attracted to the mixed-income
developments because they allowed them to locate close to family members and friends.
If your neighborhood chooses to work with a developer to bring mixed-income
housing to your neighborhood, there are several important factors to take into account:
marketing or selling your idea to the neighborhood, dealing with neighborhood objections,
and the overall design of the project.
Design
Successful mixed-income developments should be well-designed units that reflect
the local physical and cultural landscape. If the surrounding homes are built in a certain
way, the new development should try and fit into that design and respect the history of the
neighborhood. We have already mentioned that the moderate and low-income units
should be indistinguishable from the market rate units, but there area also physical design
features that are an important factor in developing a sense of community. Community
developers need to utilize design elements that contribute to the vision they have for their
t•��eC Gzxeatie\''iAwtLtVis Cae«mmt 42
community. Walkability, safety, the placement of parks, building heights, setbacks, and
types of lighting are all examples of design considerations.
Design elements can also be utilized creatively to serve multiple purposes. For
example, if houses with front porches are set closer to the street, neighbors might sit
outside and communicate with each other and with passersby. Such visibility of residents
can also serve to discourage crime. So it is clear that the design of the neighborhood serves
to increase both safety and interaction of residents.
Marketing
In order to successfully market-mixed-income housing, focusing on local residents
and those who have ties to the neighborhood is very important. A grassroots approach is
suggested that might include special events involving the community. But, it is also
important to pay attention to the concerns of the market rate buyers about paying more
than the subsidized buyers or renters. As we mentioned above, amenities offered by the
development often attract higher income renters and buyers. If your mixed-income
development is close to downtown, being within walking distance is considered an
advantage.
Neighborhood Objections
Some argue that the presence of subsidized- housing along with market rate
dwellings lowers the property values of homes in nearby areas. In a study by the Innovative
Housing Institute over a four year period, there was no statistically significant difference
® between the change in value of market rate units located in a mixed-income development
and market rate units located elsewhere. The study found "the presence or proximity of
subsidized housing made no difference in housing values as measured by relative price
behavior in a dynamic market."
43
p
Examples of Mixed-Income Developments
Tent City-The mixed-income housing development "Tent City" is in Boston. The
name comes from a movement meant to prevent urban renewal projects
from tearing down older housing in the downtown Boston area.
L Citizens pitched tents and protested to show that affordable housing
was needed in the city. The resulting development has become a
showcase for true mixed-income housing. The breakdown of market
rate to subsidized units is as follows: 67 market rate units, 135
moderate-income units, and 67 low-income units that are subsidized.
Tent City _
Harbor Point - Harbor. Point, formerly a public housing
development in Boston called Columbia Point, was refurbished into mixed-income
housing by a combination of private financing and government money supplied by local,
state and federal entities.' Housing is now provided to almost 3,000 people. When the
neighborhood was refurbished, amenities were added such as tennis courts, a swimming
pool, playgrounds, and a clubhouse. This served to draw market rate renters but also
® improved the quality of life for subsidized tenants. To this end, Harbor Point also employs
a private contractor to run on-site social services such as job programs and day care. This is
considered a public/private partnership of the best kind and has successfully integrated an
economically and ethnically diverse neighborhood.
New Holly - Seattle, Washington has revitalized a neighborhood once known as
Holly Park. The houses in Holly Park were built in the 1940s to house workers at the
Boeing Aircraft Plant during World War II. After the war, many of the workers stayed, but
eventually the local housing authority made the area a development for low-income
residents and let it fall into disrepair.
The revitalization of Holly Park into New Holly has not only upgraded the homes
but also provided amenities that were unavailable to the previous residents: parks, a public
library, a community college, and a variety of housing types, some of which will be sold at
market rate. The blend of households and incomes creates a stable and economically
integrated neighborhood, ending the isolation that characterized Holly Park and offering
its residents new hope. .
.1'\C�i `4L�lC�� ,9t4e,C4C 4�i;:�:ta��k?64fiyff 44
00
Tool: Working with a Developer
Have you ever gone through a neighborhood and seen an apartment building that
had no trees or landscaping, was poorly constructed or improperly placed on the site, and
was basically just plain ugly? That is the work of a developer with no vision who lived
d.
nowhere near his project and wanted to do only the bare minimum to make a profit and
move on. You don't have to accept that kind of development in your neighborhood.
Developers want to make a profit on their product. They are often faced with
variables in the completion of their work and want to be fully prepared to deal with issues
in a timely manner. Government issues can cost tremendous amounts of time and money.
A developer must get loans to begin a project, and delays make him pay carrying costs, even
though his project is not moving through the system toward completion and, finally, sales.
Finding a developer who specializes in redevelopment in south Florida will require
asking a few well-connected people for help. Redevelopment is a relatively new business in
south Florida and requires a smaller, often more creative company to do the job. Look for
a developer who has good credentials and some experience with mixed income, mixed-use
projects.
Local governments are an excellent source of information, particularly the planning
and zoning department. Developers must work with them to apply for approvals, and
although staff can't make recommendations, they may provide a list of developers who do
these projects. Referrals from other communities are an excellent way to learn who might
be able to complete your project the way you would like it.
Input from members of the community is vital to ensure that their needs and
desires will be met. Architectural guidelines are a valuable tool in directing the developer
to design a project according to the community's vision. If a Neighborhood Plan has been
drawn, prior to signing a contract, discuss possibilities with the developers) to find out if
he or she is willing or able to follow the plan.
Most often, developers have their own ideas of how they want to approach a
project, and that may not fit the Neighborhood Plan or design the community prepared. A
single style built for a single income bracket will not work in a redeveloping community. A
VC\e'C)t.`Lvwt6&W'du"L 45
mansion set into a low to moderate-income neighborhood has the potential to gentrify,
divide, and isolate the community and can be considered an inappropriate land use.
High-end proposals from a developer should be viewed as potential gentrification,
and questions need to be raised regarding his or her intentions. Fancy houses look good on
paper but may ultimately price out existing homeowners and renters.
The Community Development Corporation may do building, and they will also
provide answers regarding the proposed project. The community should ask questions of
their CDC to better understand the programs, design, and scope of their work within the
neighborhood. You can also call your CDC for assistance in finding a developer and
coordinating efforts between him or her and the community to reach a mutually beneficial
result.
Tool: An Oversight Group
p
Several possible types of organizations are listed and briefly described below.
Selecting one of these organizations should be done with the advice of a planner
® and/or an attorney, since each has a different purpose set out in the Florida statutes and
each has different requirements.
Homeowners Associations
Homeowners associations are nonprofit organizations that are responsible for
maintenance and operation of the neighborhood; membership is mandatory for parcel
owners. The association may impose assessments, and each owner may vote on matters
affecting the community. Developers often set up these associations when a neighborhood
is built. They may also be set up in an existing neighborhood but making them mandatory
after the fact is very difficult. Those that are set up later are often voluntary and seldom
have authority to make assessments for improvements.
Neighborhood Improvement Districts
Florida Statutes permit four types of neighborhood improvement districts: local
X
government districts, special districts (residential and business), property owner districts,
and community redevelopment districts. These districts are created to develop, redevelop,
preserve, and revitalize neighborhoods in Florida. They must be set up through a local
. planning ordinance and then must register with both the state's Department of
Community Affairs and the Department of Legal Affairs. There are additional
requirements for each type of neighborhood improvement district.
Community Development Districts
Community Development Districts (CDDs) are considered local units of
government and are set up under Florida Statutes (Chapter 190, "Community
Development Districts". Their purpose is to provide an alternative method of managing
and financing the delivery of basic community services such as water, sewer, and roads. Of
all the neighborhood organizations discussed in this report, CDDs may be the most
difficult to establish because of the time-consuming process necessary to put control of the
different services under the CDD.
Community Redevelopment Agencies
Community Redevelopment Agencies (CRAB), also permitted under Florida statues
(Chapter 163, F.S., Section 163.356), are created for the elimination or prevention of
slums and blight and for the provision of
r affordable housing. Establishing a CRA means that
a governing jurisdiction would have to declare that
a'° x conditions of slum and/or blight existed. The
municipality or county would have to take the lead
in creating a CRA. A big advantage of a CRA is
that it can use tax-increment financing (TIF) as a means of paying for improvements and
correcting the slum or blight conditions. TIT funds are usually leveraged through issuing
bonds. The downside of this type of financing is that it is based upon rising property values
within the area. If that does not occur, the funds are not there to meet the bond
obligations.
i
i
4'i'�rG ; ttteze���-';rytee.e4e ?ir:,,4a,��tt:,�rkF 47
Florida Main Street
Florida Main Street is a means of promoting downtown revitalization by
encouraging economic development within an historic preservation context. It emphasizes
the downtown area's traditional assets: personal service, local ownership, unique
L architecture, and a sense of community. Florida Main Street provides funding, training,
and -technical assistance for local Main Street programs. The program is administered by
the Florida Department of State and involves a time-consuming application procedure. Of
all the communities that apply within a given cycle, five or six communities are selected for
funding. The others are given associate status and may reapply during the next application
cycle. Because this program focuses on downtown revitalization, its use is more limited
than other organizations that may focus on different areas within a community.
. _ Community Forum IV: Look to the Future
' r You have now made it through the pioneering experience of
organizing your neighborhood to control and govern gentrification.
You have started with small manageable steps to learn more about where you live and you
have gathered information and participated in a vision for your future. You have all
contributed to a plan for the future of your neighborhood. By now you do not need any
advice about how to conduct your last public forum.
We hope that this process has been a productive one and will make a contribution
to the future of communities everywhere.
y
48
Conclusion: Obstacles and Opportunities
We conclude this handbook by outlining obstacles you may face and by presenting
potential partners and allies who may help you overcome obstacles. The application of the
tools presented herein and the resources you need depend on your unique circumstances.
Environmental Justice
How often do you see a government maintenance facility or an inappropriate land
use sited right next to a wealthy residential community? Seldom. Instead, unwanted land
uses are often placed right .next to communities with the least political power and
influence. Those responsible understand that they will meet with less resistance from a
population that is used to having little political voice. Be aware of this in your
neighborhood. Speak up if you see it happening.
Traffic Concurrency
io
0 Traffic concurrency is a rule that says if you build a new development, the roads
have to be able to handle all the new traffic that your project will generate. This regulation
requires roads, bridges, and public transportation to be
adequate prior to the approval of a project or that
sufficient plans and funding will be in place within a few
years. Capacity of the transportation system is based upon ` }
traffic standards set by the county, city, or state, depending
on the type of road.
This rule is based on models that.predict.how much new traffic the project will
® generate. It requires discussion with professionals who understand how to "work the
numbers" to make a project pass the concurrency test. You may find that-if you want a
zoning change in your neighborhood, this concurrency requirement may block your efforts.
For example, if you wanted to assemble land to build a multi-family apartment building
which would be deemed to generate a lot of trips, the proposed development may generate
more traffic than the road system can handle and fail the concurrency test.
49
.79
Sometimes petitioning local government to explain the need for your project will
solve the problem. But governments may be constrained from granting waivers unless
exceptions can be justified in their comprehensive plans. This type of dilemma underlines
the importance of getting to know local officials before the fact so that they are aware of
your desire to improve your community and so you understand the potential pitfalls.
In the first part of this handbook, we recommended that you contact your local
police in order to talk about safety issues in your neighborhood. If you haven't already
done this, you may find that revitalization efforts are stalled because many old timers have
been run off and you cannot attract new people to your neighborhood. If you have not
involved the local community police—do it now!! If properties are upgraded and
gentrification continues unchecked, you can be assured that the upscale developers will
utilize this public service.
Neighborhood Resistance
People are often resistant to change. Sometimes your neighbors might feel
comfortable with things the way they are rather than facing the challenge of neighborhood
improvement. Sometimes jealousies arise because one neighborhood group is getting more
attention than another. Individuals often feel that they are not heard. Even ancient
personal conflicts interfere with the present efforts—things that have nothing to do with
today's issues. It's important to understand the issues for what they are and work through
them for the success of the neighborhood. Make the most of the four public forums and
invite your neighbors to express their views. You will be surprised how a positive goal can
result in everybody's support.
Where to Look for Further Assistance
Florida Housiniz Coalition The Coalition, located in Tallahassee, provides technical
assistance to local governments and nonprofit organizations in all areas of affordable
housing. Its technical assistance team consists of staff members and experienced
professionals who volunteer on the board of directors. The Coalition also has access to a
r ,, 50
number of other volunteers available to assist in specialized areas. Visit their website at
® . http://www.flhousing.org/. Their phone number is (850) 878-4219.
The Department of Housing and Urban Development (HUD) The Department of
Housing and Urban Development has community development experts employed under
the Homebuilders Fellowship program. These employees are called "homebuilders"
because they are there to help the public by providing assistance to help communities reach
goals of affordable housing for all citizens. These experts can help homebuyers, community
leaders, non-profits, foundations, business owners, and many others with the following:
• Comprehensive planning and outreach
• Providing information
• Fostering partnerships
• Facilitating comprehensive community-wide planning
• Empowering communities
• Providing technical expertise
Local Initiative Support Corporation (LISC) LISC works all over the United States to
serve distressed urban and rural areas. This remarkable organization provides community
development corporations with loans and grants for redevelopment and has a number of
affiliates that support their work. Their Center for Home Ownership is a national program
working to increase home buying opportunities for renters. Their address in Palm Beach
County is:
Local Initiative Support Corporation
1555 Palm Beach Lakes Blvd, Suite 1500
West Palm Beach, FL33401-2375
(561) 471-7700
Treasure Coast Regional Planning Council (TCRPC)The Treasure Coast
Regional Planning Council, located in Stuart, Florida, works with local governments to
assist with strategic planning. This regional planning entity employs planning personnel
who are able to lead community-planning charrettes, designed to help citizens visualize
® ke:�e�txti���axe�C�ietye�•a��l�>k<�kucekta�o�a 51
what they want for their communities. Their web site is www.tcrpc.org/index.htm. Their
® address is: -
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300,
Stuart, Florida 34994
+- (561) 2214060
Florida Department of Community Affairs The Florida Department of Community
Affairs has several divisions that help community groups with revitalization and housing
issues. Their web page at www.dca.state.fl.us will lead you to information about Florida
Front Porch, Urban Infill and Redevelopment Assistance Grants, Low-Income Emergency
Home Repair Program, Community Planning, and the Affordable Housing Catalyst
Program. This is also where you can follow certain local comprehensive plan amendment
changes and development approvals requiring state review. The main number is (850) 488- '
8466 and the two primary divisions that handle the programs are the Division of Housing
and Community Development and Division of Community Planning.
Opportunity Front Porch Florida The State of Florida Office of Urban serves as a "civic
switchboard" to connect designated Front Porch communities with federal, state, private, to
AWN
and non-profit assistance. Their goal is to help Front Porch communities implement a
specialized Neighborhood Action Plan. Any community-based, not-for-profit organization
or a coalition of such organizations is eligible to nominate an area for designation. AVON
Successful applications will include coalitions that have broad community representation
and are resident-driven.
To learn more about the application criteria for designating your neighborhood as
a Front Porch community, visit http://www.flgov.com/eog/frontporch/`index.html. An
application form to apply for Front Porch Florida designation is found in the Appendix.
Although this particular application form lists a date that has passed, it is expected that this
program will be on-going and the website will be updated.
52
r
Local Universities Community colleges offer two-year programs to students as well as adult
education, but they are often overlooked as community resources. Every community
college is a complex assembly of buildings, grounds, and personnel that the community can
;• rat '{;
y utilize. Not only can members of the
'^ *r surrounding community increase their
own skills, but they can work in
partnership with teachers to write grants,or
create a community web page. Student
volunteers can be mobilized to help with
community projects. Library facilities or rooms may be available for community meetings.
There are a number of ways that local universities and community colleges can help in your
efforts.
Universities can also provide resources to communities fighting gentrification.
Universities and related research centers are often available to the larger community that
has redevelopment or visionary planning as a goal. As part of the State of Florida university
system, the Joint Center is just one example of a university entity working to effect
community change.
Additional Resources
The Anti-Displacement Project Dudley Street Neighborhood Initiative
47 School Street 504 Dudley Street
Springfield, MA 01105 Roxbury, MA
Phone: (413) 739-7233 Phone: (617) 442-9670
Atlanta Neighborhood Development Institute for Community Economics
Partnership, Inc. (Appendix V)
34 Peachtree Street, NW, Suite 1700 57 School Street
Atlanta, GA 30303 Springfield, MA 01105-1331
Phone: (404) 522-2637 Phone: (413) 746-8660
Information on Community Land Trusts
Center for Community Change
1000 Wisconsin Ave., NW The National Affordable Housing Training
Washington, DC 20007 Institute (NAHTI)
Phone: (202) 342-0567 1200 19th Street, N.W., Suite 300
• Washington, DC 20036
The Chicago Rehab Network Phone: (202) 857-1113
53 West Jackson, Suite 740
Chicago, IL 60604 The National Housing Institute/Shelterforce
Phone: (312) 663-3936 439 Main Street, Suite 311
Orange,NJ 07050
The Community Builders Phone: (973) 678-9060
95 Berkeley Street
Boston, MA 02116 Urban Habitat Program
Phone: (718) 695-9595 PO Box 29908, Presidio
San Francisco, CA 94.129
Phone: (415) 561-3333
•
54
Additional Financial Resources
9 Community Development Financial Institutions Local Initiatives Support Corporation (LISC)
Public Ledger Building,Suite 572 733 3'd Avenue, 8th Floor
620 Chestnut Street New York, NY 10017
Philadelphia, PA 19106 Phone: (212)455-9800
Phone: (215)923-53,63 Fax: (212)682-5929
Coalition Council on Foundations National Affordable Housing Network
Council on Foundations P.O. Box 3706
1828 L Street, NW Butte, MT 59702
Washington, DC 20036 Phone: (406) 782-8145
Phone: (202)466.6512 Fax: (406) 782-5168 (fax)
e-mail: nahn@nahn.com
Economic Development Assistance.Consortium
(EDAC) National Business Incubation Association
111 West Saint John Street, Suite 220 20 East Circle Drive, Suite 190
San Jose, CA 95113 Athens, OH 45701-3751
Phone: (408) 287-3322 Phone: (740)593-4331
Fax: (408) 283-5283 Fax: (740)593-1996
e-mail: information@edac.org
National Congress for Community
The Enterprise Foundation Economic Development
10227 Wincopin Circle, Suite 500 1030 15th Street, NW, Suite 325
• Columbia, MD 21044 Washington, DC 20005
Phone: (410)964-1230 Phone: (202) 289-9020
Fax: (410)964-1918 Fax: (202) 289-7051
8 Toll Free: 1-87744NCCED
Foundation Center
79 Fifth Avenue National Low-Income Housing Coalition
New York, NY 10003 1012 Fourteenth Street NW, Suite 610
> Phone: (212) 6204230 Washington, D.C. 20005
I Fax: (212) 691-1828 Phone: (202) 662-1530
Fax: (202) 393-1973
1 Neighborhood Reinvestment Housing Assistance Council
C6rporation/Neighborhood 1025 Vermont Ave., NW, Suite 606
Housing Services of America/NeighborWorks Washington, D.C.20005
1325 G Street, NW,Suite 800 Tel.: 202-842-8600
Washington, DC 20005-3100 Fax: 202-347-3441
Phone: (202) 220-2300
Fax: (202) 376-2600
0
55
® Websites
Florida Atlantic University/
i
Florida International University joint Center for
Environmental and Urban Problems http•//www.fau.edu/jointcenter/
1000 Friends of Florida http://www.l000fof.usf.edu/
Brookings Institution Center of Urban&
Metropolitan Policy http://www.brook.edu
Broward County Government http://broward.org
Center for Community Change http://www.communitychange.org
Center for Neighborhood Technology http://www.cnt.org
Coalition for a Livable Future http://www.clfWfriends.org
Colorlines Magazine http://www.colorlines.com
The City of Dania Beach http•//ci.dania-beach.fl.us/
The Collins Center for Public Policy http://www.collinscenter.org
The Community Builders http://www.tcbinc-org
Florida Department of Community Affairs http://www.dca.state.fl.us
® Florida Housing Coalition http://www.flhousing.org
Florida Office of Urban Opportunity http://www.state.fl.us/eog/frontporch
Institute for Community Economics http://www.iceclt.org
The Lincoln Institute of Land Policy http://www.lincolninst.edu/home.html
Local Initiatives Support Corporation(LISC) http://www.liscnet.org
Metropolitan Research Corporation http://www.metroresearch.org
National Affordable Housing Network http://www.nahn.com
National Neighborhood Networks http://www.hud.gov/nnw/nnwfs002.html
The National Affordable Housing Training Institute http://www-nahti.org
National Community Building Network http://www.ncbn.sohonet.com
National Low-Income Housing Coalition http://wwwntic.org
Non-profit Resource Center http://www.1800net.com/nprc
PolicyLink http://www.policylink.org
South Florida Regional Planning Council http://www.sfrpc.com
South Florida Community Development Coalition http://www.floridacdc.or-
Urban Habitat Program http://www.igc.apc.org/uhp
U.S. Dept.of Housing and Community Dev. http://www.hud.gov
•
1•. � Cry�xavk�t\\zet�c>,zaa��i>�Ca.c�a�e�n�e 56
Appendix I: Glossary of Housing Terms
. Note: Bold terms within definitions are also defined separately. -
Adjusted for Family Size - Income limits that are either increased or decreased based on
4 the number of persons in the household being assisted. For most housing programs, U.S.
HUD determines the income limit for a family of four, and then increases the limit by a
fixed amount for each additional person over four, or subtracts that fixed amount for each
person less than four.
Affordable Housing- Housing is considered to be affordable if monthly housing cost does
not exceed a certain percentage of a family's monthly income. The acceptable percentage
usually ranges from 30-35 percent of a family's gross monthly income.
Affordability Period - The time period for which rent restrictions or resale restrictions
apply to housing that has been assisted by government funding.
Americans with Disabilities Act (ADA) - Provides federal civil rights protection to
individuals who are physically or mentally disabled. The ADA prohibits discrimination
against the disabled in employment, public services, public accommodations, and
• telecommunications. Entities that are covered by the ADA must make reasonable
accommodation which involves adapting programs, facilities, or work places to allow
disabled individuals to participate in the program or services. (HUD's Access to Housing
for Persons with Disabilities (202) 708-3287)
Amortization-A plan for paying off a financial obligation by making periodic installment
payments over a set period of time, at the end of which the loan balance is zero. Often
mortgages have a 30-year amortization, requiring the borrower to make 360 equal monthly
payments.
Annual (Gross) Income - Total income (earned, unearned, and asset income) anticipated
to be received by all persons who currently reside or intend to reside in a program assisted-
unit for the coming 12-month period. When determining whether a household is income
eligible, local governments, participating jurisdictions, and project owners must use one of
the following three definitions of annual income: (1) annual income as defined at 24 CFR
section 5.609 (except when determining the income of a homeowner for an owner-
occupied rehabilitation project, the value of the homeowner's primary residence may be
excluded from the calculation of net family assets); or (2) annual income as reported under
the Census long-form for the most recent available decennial Census; or (3) adjusted gross
C e� C x�a4rti��C kelnc,.cae `i;. Cui.ce�Cana 57
I
income as defined for purposes of reporting under Internal Revenue Service (IRS) Form
1040 series for individual federal annual income tax.
Annual Report-A yearly report of an organization's or government's financial statements
and accomplishments.
'- Appraisal - In real estate, the estimate of the value of real property. The most common
method for single family units is the sales-comparison approach in which the estimate of
value is obtained directly from similar properties in the real estate market (see
comparable).
Appreciation-Increase in the value of property due to improvements made to the property
or surrounding area/neighborhood by the owner or other parties, including the
government and/or more general market forces. Commonly, and incorrectly, appreciation
is used to describe an increase in value through inflation.
Articles of Incorporation - Legal document submitted to a designated officer of the state
for permission to commence business as either a for-profit or non-profit corporation. The
articles of incorporation, or charter, state the purpose, rights, and duties of the
corporation.
Assets - Cash or non-cash items that can be converted to cash. Under most federally and
state funded housing programs, the income from an asset, either actual or imputed, is
included in a family's total household income.
Audit =An examination of the financial or administrative records of an organization or
governmental entity to ensure that they are complete and accurate.
Back-End Ratio - (i.e., debt ratio) A calculation used by the lender to determine if the
amount of income is sufficient to afford the monthly mortgage payment and monthly debt
payments. It is calculated by taking the monthly mortgage payment (PITI), adding the
monthly debt payments, and dividing that sum by the gross monthly income. This ratio
generally varies from 32 percent to 41 percent, depending on the loan and program
applied for. In other words, no more than 41percent of the applicant's income should be
set aside for the monthly mortgage payment plus monthly debts.
Balance Sheet-A financial statement showing a snapshot of the assets, liabilities, and net
worth (fund balance) of an organization on a given date.
• Bond Money or Bond Program-See Mortgage Revenue Bonds.
58
Bylaws-The rules governing the internal affairs of an organization or governmental entity.
Cash Flow-Cash flow is the gross income minus operating expenses and debt service.
Catalyst Program - Affordable Housing Catalyst Program - The Catalyst Program,
administered by the Florida DCA, Bureau of Community Development, provides training
and technical assistance to local governments and community-based organizations to assist
in developing capacity to undertake affordable housing development and specifically in the
implementation of the Small Cities CDBG, HOME and SHIP programs. (Catalyst
8 Program, DCA, (850) 488-3581)
Closing - The final procedure in a real estate sale in which property ownership is
transferred in exchange for an agreed upon payment.
Collateral-Assets pledged to secure a loan.
Community Action Agency (CAA) - CAAs were organized in the 1970s with the goal of
1 eliminating the causes, conditions, and effects of poverty. A CAA may be a private, non-
profit, tax-exempt corporation or a department within a local government. CAAs may
operate a variety of programs that serve low income and elderly residents of the
community, including emergency home repair, weatherization, food distribution,
employment counseling, homeless assistance, transportation and Headstart. CAAs
generally receive funding from a variety of federal, state, local, and private sources.
Sometimes referred to as CAP (Community Action Program) agencies.
I
Community Development Block Grant (CDBG) -The U.S. Department of Housing and
Urban Development (HUD) divides the CDBG programs into two categories using a
population-based formula. Under the CDBG Entitlement Program, HUD provides funds
directly to urban counties above populations of 200,000 and metropolitan cities above
populations of 50,000. The CDBG Small Cities Program, administered by the Florida
i DCA, Bureau of Community Development, awards grants on a competitive basis to the
smaller non-entitlement counties, cities, and towns in Florida. CDBG funds can be used
for a wide variety of community development needs, including housing rehabilitation and
infrastructure repair and construction.
Community Development Corporation (CDC) - A CDC is usually a local, non-profit
entity organized to address long-term community revitalization by building affordable
• housing, assisting or starting small businesses, and creating jobs.
4''e\ CNg t�k�ttie�C%,PE c>a�a �i:r, 59n
����o'rtt,Erte 57
Community Housing Development Organization (CHDO) -Under the HOME Program,
• a CHDO is a private, non-profit, 501(c)(3) tax-exempt organization that has, among its
purposes, the provision of decent, affordable housing to low- and moderate-income
persons. CHDOs must, among other things, have demonstrated capacity for carrying out
activities funded with HOME funds, and must maintain at least one-third of its governing
board's membership for residents of low income. neighborhoods, other low income
community residents, or elected representatives of low income neighborhood
organizations. Further information can be found in the HOME Rule, 24 CFR, Parts 91
and 92.
Community Reinvestment Act (CRA) - enacted by Congress in 1977, states that banks
and savings institutions have an affirmative obligation to serve the public, and especially to
help meet the deposit and credit needs of local communities in which they are chartered,
including the needs of residents in low and moderate-income neighborhoods. Failure of
an institution to meet these needs can result in a financial institution being unable to
expand or merge with another lender.
Comparable - In the sales-comparison appraisal method, this is a property that closely
resembles the property for which a value is being estimated. A comparable should closely
resemble the subject property with respect to property rights, conditions of sale, market
conditions, financing terms, location, and physical characteristics.
Compliance - The act of meeting requirements and conditions specified in statutes, rules,
and/or federal laws regarding the CDBG Small Cities, HOME, SHIP, or other state and
federal housing programs.
Comprehensive Plan - A document developed by a local government that identifies the
areas of a community that will be designated for certain land use. The State of Florida has
placed very stringent comprehensive plan requirements on its local governments.
Comprehensive plans must meet certain requirements, including ways in which the
community will discourage urban sprawl. Once a comprehensive plan is adopted, it must
be implemented through local ordinances. Florida law also requires every community to
include a housing element as one component of a local comprehensive plan.
Consolidated Plan - A plan developed by a local government that describes the needs,
resources, priorities, and proposed activities to be undertaken with funds provided under
various federal programs. In order to receive federal monies, a consolidated plan is
from
required for all participating jurisdictions. OW I
l i�eC tx��a�e W1;e oke t 60
P Cranston-Gonzalez National Affordable Housing Act (NAHA) - In October 1990,
b Congress approved the National Affordable Housing Act, the most comprehensive housing
legislation since 1974. The legislation evolved from a process that began in September
1987, when Congress created the National Housing Task Force. The Task Force was
charged with the responsibility of conducting a thorough study of the nation's housing
needs and injecting life back into federal housing policy. The HOME Investment
I Partnerships Program was enacted as a result of NAHA.
a
I
I Credit Underwriting - A financial review used by lenders (including government lenders)
to evaluate the feasibility of a single or multifamily development, i.e., whether project
I income will be sufficient to pay the loan and operating expenses.
I
Debt Service-Loan principal and interest payments.
I Deed-A legal instrument that transfers property ownership from one party to another.
i
Deferred Payment Loan - Funds provided to a borrower under terms that call for
repayment to be delayed for a certain length of time, until certain circumstances change, 'or
I a certain threshold is met. In housing programs, deferred payment loans are often used as a
recapture mechanism. In home ownership programs, the loans often become due when the
assisted family sells the home. Under rental programs, the loans often become due if the
iaffordability requirements are breached. In most affordable housing programs, these loans
have an interest rate of zero percent; in some communities, interest does accrue.
Demand Site Management (DSM) - Programs implemented by several utility companies in
Florida and across the country to help commercial and residential utility customers
improve the energy-efficiency of their homes and businesses. By reducing some demand for
energy, these conservation programs help utilities avoid the costly production of new power
plants. Florida's private investor-owned utility companies (Gulf, Florida Power, Florida
i Power & Light, Tampa Electric) and several municipal utilities are required by regulation
to offer DSM programs to their customers. They commonly offer educational materials,
rebates on efficient materials like insulation, and load management programs.
Demographic Data - Information about the characteristics of human populations,
including size, income, age,wealth, race, ethnicity, gender, housing conditions, etc.
Department of Community Affairs (DCA) - DCA fulfills three major roles in developing
and implementing policy in the state of Florida: housing and community development;
emergency management, .and community planning. DCA's activities are accomplished
® through the following: providing technical assistance; planning projects; administering
R...e���t��x�nac•r�,e A%iet�au%t 61
grant programs; reviewing plans, programs and developments; intergovernmental
coordination; and, fostering public/private partnerships.
Development of Regional Impact (DRI) - Large-scale developments that are required to
undergo a comprehensive regional impact review prior to local government approval. The
regional planning council (RPC) coordinates the review process. Among other
considerations, the RPC must consider whether nonresidential DRIB ensure the availability
of accessible housing for use by the employees of the development. The Adequate Housing
Standard Rule, 9J-2.048 F.A.C., was adopted by DCA in 1993.
Developmental Disability - Florida Statute 393 defines a developmental disability as a
disorder or syndrome which is attributable to retardation, cerebral palsy, autism, or spina
bifida and which constitutes a substantial handicap that can be reasonably be expected to
continue indefinitely.
Eligible Household - An individual, family, or group of individuals living together as a
unit, determined to be of very low to low-income for participation in the CDBG Small
Cities or HOME programs and ranging from very-low up to moderate-income for
participation in the SHIP Program.
Engauge - The Energy Gauge - A Florida specific energy rating system that relies on
computer software to calculate the energy-efficiency level of a building. Engauge estimates
the annual energy costs of a house and suggests specific home improvements to increase
the house's level of efficiency.
Equity-The market value of real property, less the amount of existing debt or liens.
Evaluation and Appraisal Report (EAR) - A report that each local government must
initially prepare five years after the adoption of its local government comprehensive plan to '
look at how the plan is working. It is required to be reviewed periodically thereafter. The
EAR is intended to reflect changes in state policy on planning and growth management.
The EAR must set forth the actions or plan amendments that are necessary to respond to
changes in growth policies and updated information on local conditions.
Fair Housing Act - The Fair Housing Act makes it illegal to deny housing, refuse to rent,
sell, or negotiate, or offer different terms and considerations because of race, color,
religion, sex, national origin, handicap, or familial status. If you suspect violation of the
Fair Housing Act or want more information, you may contact the U.S. Department of
Housing and Urban Development,Fair Housing, 451 7th Street, SW, Washington, D.C.
20410, 1-800-669-9777.
62
Fair Housing Ordinance WHO) - A FHO is required of all localities participating in
federal programs. It makes illegal any discrimination based on race, color, ancestry,
religion, sex, national origin, familial status, or handicap.
Financial Statements-Written record of the financial status of an individual, organization,
or governmental entity. Statements commonly include income statement, balance sheet,
cash flow statement, and, if the organization is a non-profit, a funds balance statement.
IP
Financing Fee - Money charged by a lender to make a loan. The fee is based on a
percentage of the loan amount, usually one percent. In transactions involving mortgage
brokers, this is called an origination fee.
501(c)(3) - Section of the Internal Revenue Code that addresses the requirements that an
organization must meet in order to be considered a tax-exempt organization. Many people
refer to agencies that have obtained a tax-exempt status as a 501(c)(3).
Florida Housing Finance Corporation (FHFC) - The FHFC's mission is as follows: (1)
finance affordable housing for very low-, low-, and moderate-income people; and, (2) to
stimulate the home building industry. The FHFC obtains funds through program revenues
and by issuing bonds that are secured by mortgages taken in exchange for the FHFC's
loans. The FHFC also receives appropriations of federal grants and tax credits as well as
Sadowski Act documentary stamp tax revenues to finance affordable single- and multi-
family housing to be occupied by very low-, low-, and moderate-income persons (FHFC,
227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329 (850) 488-4197).
Foreclosure - The legal process a lender uses to exercise its right to force the sale of a
property to gain repayment of mortgage debt. Generally, lenders exercise this right when a
borrower has failed to make timely payments.
Front-End Ratio (i.e., income ratio) -A calculation used by the lender to determine if an
applicant's income is sufficient to afford the monthly payment. It is calculated by taking
the monthly mortgage payment (principal, interest, taxes, and insurance) and dividing it
by the gross monthly income of the applicant. The acceptable ratio for affordable housing
1 is between 30-35 percent. In other words no more than 30.35� P percent of the income
should be set aside for the monthly mortgage payment.
I
Grants - Gifts of money given by foundations, or federal or state government without
expectation of repayment.
i
63
Gross Income-See Annual (Gross) Income.
Hard Costs -Those items typically associated with the actual construction of a unit. These
would include the labor and materials needed for construction.
HOME Investment Partnerships (HOME) Program -The Home Investment Partnerships
Program was enacted in 1990 as part of the Cranston-Gonzalez National Affordable
Housing Act. HOME funds are allocated on a needs-based formula to state and local
government participating jurisdictions 0s) and require non-federal match of HOME
dollars. The Florida Housing Finance Corporation (FHFC) administers the state's HOME
program. (HOME, FHFC, (850) 488-4197)
Household-Individual, family, or group of individuals living together in a unit.
Housing Credit Program (HQ (formerly known as Low Income Housing Tax Credit
(LIHTC) Program) -A competitive federal program administered by the state which grants
income tax credit to developers who build or substantially rehabilitate affordable rental
housing. The tax credits are used to raise project equity.
Income Statement (Profit and Loss) - Summary of revenues, costs, and expenses for a
business over a period of time.
Ineligible Household - An individual, family, or group of individuals whose household
characteristics or income prevent it from meeting the eligibility requirements of a program.
Interest - The financing fee for a loan, usually calculated on a percentage of the amount
loaned spread over the term of the loan.
Investor - An organization, corporation, individual or other entity that acquires an
ownership position in a project, thus assuming risk of loss in exchange for anticipated
returns.
Lease-up Period-The amount of time.it takes for a building, such as multi-family housing,
to reach a stable occupancy rate and income stream.
Leveraging-Using a small amount of funds to attract.other funds, including loans, grants,
and equity investments. The premise of leveraging is to use public dollars in conjunction
with private dollars to increase the number of affordable housing units that can be
produced.
Liabilities,A general term encompassing all types of debts and obligations.
,Vvwtol�a o.x 64
Lien- Recorded claim against a property whereby the property is security for a debt. Under
certain circumstances, the holder of the lien is entitled to have the property sold to satisfy
the debt. A lien is an encumbrance against the property.
Load Management Programs - Load management programs can contribute to affordable
housing by reducing the customer's monthly utility bill, thereby creating more disposable
L
household income. Some electric utilities use load management programs to reduce peak
demand. It works as follows: (1) certain times of the day and year, peak demand occurs,
defined as a majority of utility customers simultaneously demanding a great deal of energy
(such as on a weekday morning when households prepare for work and school); (2) using
radio controllers, the appliances ,(Le., water heaters, air conditioners) of program
participants are turned off for fifteen minutes during peak demand periods; and lastly, (3)
customers experience a reduction in their utility bill as a reward for program participation.
f
Loan - Loans are often referred to as debt financing and must be repaid according to a
1 fixed payment schedule, generally with interest. Use of a deferred payment loan is
common in affordable housing. In a deferred payment loan, funds provided to a borrower
under terms that calls for repayment to be delayed for a certain length of time, until certain
circumstances change, or a certain threshold is met. In housing programs, deferred
payment loans are often used as a recapture mechanism. In home ownership programs, the
loans often become due when the assisted family sells the home. Under rental programs,
the loans often become due if the affordability requirements are breached. In most housing
1 programs these loans have an interest rate of zero percent; in some communities, interest
1 does accrue.
I
i Loan Guarantees - A pledge by a third party that, in case of default by the borrower,
promises to repay all or a portion of the borrowed amount. State and local governments
and non-profit intermediaries are often sources of loan guarantees, with the Federal
Housing Administration (FHA) being one of the most well known.
Loan-To-Value Ratio - The loan amount(s) as a percentage of the property's appraised
value or sales price, whichever is less. For example, a loan amount of$57,000 on a home
I that has a sales price of $60,000 has a 95 percent loan-to-value ratio (57,000/60,000). A
I lender will use a loan-to-value ratio to determine the maximum amount it will lend on a
property.
Low Income Housing Tax Credit (LIHTC) Program-See Housing Credit Program.
I
I
I
i
65
i
I
Low-Income Person or Household -A person or household whose annual (gross) income
does not exceed 80 percent of the area median income, as determined by HUD, with
adjustments for smaller and larger families. Florida publishes these figures annually, and
updated charts may be obtained from the Florida Housing Finance Corporation(FHFC).
4. Market Value -The price a property would sell for in a competitive market when there has
been a normal offering time, no coercion, arms-length bargaining, typical financing, and
informed buyer and sellers.
Match - The commitment of non-federal funds to supplement HOME Investment
Partnerships Program funds for affordable housing.
Median Income -A determination made through statistical methods establishing a middle
point for determining income limits. Median is the amount that divides the distribution
into two equal groups: one group having income above the median and the other group
having income below the median.
Mission Statement.- A statement of purpose or the assignment the organization or
governmental entity is to carry out.
Household - For most programs, a person or household
Moderate-Income Person or
whose annual (gross) income does not exceed 120 percent of the area median income, as
determined by HUD, with adjustments for smaller and larger families. Florida publishes
these figures annually, and updated charts may be obtained from the Florida Housing
Finance Corporation (FHFC).
Mortgage -A temporary and conditional pledge of property to a creditor as security for the
repayment of a debt. The borrower (mortgagor) retains possession and use of the property.
Mortgage Revenue Bonds (MRB) - State and local housing finance agencies (HFAs) sell
tax-exempt bonds and use the money that is raised to lend to first-time homebuyers.
Because buyers of these bonds accept a lower rate of return on their_investment than if the
bonds were taxable, HFAs can lend proceeds to the homebuyers at interest rates below
conventional mortgage rates.
Neighborhood Housing Services (NHS) -NHS is a national network of locally-funded and
operated, autonomous self-help programs which are revitalizing declining neighborhoods.
NHSs are non-profit corporations which operate housing rehabilitation programs; offer
financial counseling; refer residents to lenders or others about home improvement
financing; conduct new construction and home repair inspection monitoring to assist
66
homeowners in working with contractors; and encourage community involvement to
strengthen neighborhood pride through work with local organizations.
Net Operating Income (NOI) -Gross profits minus operating expenses and taxes.
Non-Profit Corporation - A corporation established under state law for purposes other
than making profits that would be distributed to the owners, directors, members, or
officers.
Participating Jurisdiction (PJ) -The term given to any state or local government that HUD
has designated to administer an allocation of HOME Investment Partnerships Program
funds.There are currently 29 PJs throughout Florida in addition to the state PJ, the Florida
Housing Finance Corporation (FHFC).
PITI - PITI is an acronym that stands for Principal, Interest, Taxes; and Insurance. These
are the four components of a standard monthly mortgage payment.
Principal-The currently unpaid balance of a loan, not including interest.
Private Mortgage Insurance (PMI or MI) - Coverage that, in instances of. default,
guarantees a lender the partial payment of an outstanding loan balance. Traditionally,
lenders require PMI in instances where the loan to value ratio is higher than 80
percent,;however, lenders have been known to waive this requirement under their
affordable housing programs. PMI premiums are included in a borrower's monthly
mortgage payments. The amount can range anywhere from $30-$50 per month, depending
in the loan amount. The insurance can be discontinued when an appraisal shows that the
loan to value ratio has dropped below 80 percent. The cost of such an appraisal is the
responsibility of the borrower.
Pro Forma - Projected annual income and expenses for a rental development for a given
period(usually 15 years).
Property Tax Abatement - Reduction or exemption from ad valorem tax for a specified
time period.
Public Housing Authority (PHA) - Created by local governments pursuant to Chapter
421, Florida Statutes, local PHAs develop, own, and operate public housing and
administer Section 8 programs.
67
Purchase Option -The right to buy a property at a specified price within a specified time.
A purchase option or option to purchase is different from a purchase and sale contract in
that the option money is not refundable and is usually not credited toward the purchase
price at closing.
4. Real Estate Owned (REO) - Property that is owned by a lender, usually acquired through a
foreclosure, or through a deed in lieu of foreclosure.
Real Estate Settlement Procedures Act (RESPA) - RESPA requires that lenders give all
borrowers of federally-related mortgage loans an estimate of settlement costs and a HUD.
prepared booklet with information about real estate transactions, settlement services, cost
comparisons, and relevant consumer protection laws.
Real Property - Land, including all things permanently attached to the land, such as
buildings and infrastructure, commonly referred to as appurtenances.
Reconstruction- Rebuilding of a structure, usually on the same foundation as the existing
units that will be demolished.
Regional Planning Council (RPC) - RPCs provide planning and technical assistance to
local governments on federal and state issues such as housing, growth management,
• emergency management, and intergovernmental coordination. The State of Florida has 11
RPCs.
Rehabilitation-The alteration, improvement, or modification of an existing structure.
Reserves- Funds held to pay future liabilities. Typical reserves include replacement reserve
for major repairs, operating reserve for covering negative cash flow, and contingency funds.
Rural Development (RD) (formerly known as Farmers Home Administration (FmHa)) -
Provides funding mainly for rural housing programs. Sometimes used by local governments
to supplement CDBG projects. The state RD office is located in Gainesville. Initial
inquiries should be made at the local RD office. See federal government listing in local
telephone directory for U.S. Department of Agriculture or resources section of this
handbook.
Secondary Market - Markets into which originating lenders sell their loans to investors
who are seeking longer-term investments (such as Fannie Mae).
Section 504 - Section of the Handicapped Accessibility/Architectural Barriers Act that
requires all public buildings to be designed, constructed, or renovated to provide access for
physically handicapped persons.
Single Room Occupancy (SRO) - SROs provide housing for the elderly, disabled, the
working poor, and others who, may otherwise be homeless without SROs. An SRO room
typically has a sink, closet, and sleeping space. Bathroom, shower and kitchen spaces are
generally shared with others.
Soft Costs-Those items that are needed for the construction of a unit but are not used for
actual construction. These include appraisals, engineering studies, permit fees, impact fees,
etc. Units cannot be built unless these costs are met.
S
State Housing Initiatives Partnership (SHIP) Program - SHIP was the centerpiece of the
William E. Sadowski Affordable Housing Act of 1992. SHIP is administered by the
Florida Housing Finance Corporation (FHFC) and channels documentary stamp revenue
to Florida's counties and CDBG entitlement cities for the express purpose of creating and
preserving affordable housing. (SHIP, FHFC, (850) 488-4197)
Strategic Plan - A plan of action that guides how a goal, such as developing affordable
housing, will be accomplished.
Subordinated (Secondary or Tertiary) Debt - If more than one lender has a lien on a
property, the subordinated debt is paid after the debt of lien holders in superior (or first)
positions.
Subsidy - Financial assistance in the form of government loans, grants, or other
contributions that are used to make housing affordable.
Sweat Equity - Sweat equity is the value of volunteer labor in producing affordable
housing.
Targeting - Federal, state, or local requirements of the CDBG Small Cities, HOME or
SHIP Programs relating to the use of funds for units that assist certain income groups or
fund particular activities (i.e., home ownership, hard construction costs, etc.). Can also be
used to refer to a situation where funds are spent only in a specific geographic area.
Title Insurance Policy - Insurance paying monetary damages for loss of property from
superior legal claims not excepted by the policy.
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WM
Unsecured-A loan that has no collateral pledged as security.
U.S. Department of Housing and Urban Development (HUD) -The department within
the federal government that is mandated by Congress to create conditions for every family
to have decent and affordable housing, to ensure equal housing opportunities for all, and
►- to strengthen and enrich the nation's communities. Offices are located at the national and
state levels. HUD Locator for general information: (202) 708-1422; Affordable Housing
Information Center: (800) 998-9999. The State Coordinator's Office which serves south
Florida: Jose Cintr6n, Director, 1320 South Dixie Highway, 5th Floor, Coral Gables,
Florida 33146-2911; (305) 6624510; fax: (305) 6624519; e-mail: Jose_Cintron@hud.gov.;
web site: http://www.hud.gov/local/fso/fso_home.html. The Jacksonville office serves
North and Central Florida: 301 West Bay Street, Suite 2200, Jacksonville, FL 32202;
(904)232-2627; web site: http://www.hud.gov/locaVjkv/jkv_home.html.
Very Low-Income Person or Household - A person or household whose annual (gross)
income does not exceed 50 percent of the area median income, as determined by HUD,
with adjustments for smaller and larger families. Florida publishes these figures annually,
and updated charts may be obtained from the Florida Housing Finance Corporation
(FHFC).
Veterans Administration (VA) -A mortgage guaranty program begun after World War II
to enable returning service personnel to purchase homes, offering 100 percent financing
and requiring no down payment or insurance premium on the loan.
l`r�rt q a���t�e\CriFlnc ei9 t�aG ta,� ki ea:� 70
Appendix II: Private and Rural Financial Assistance Programs
DID
FLORIDA COMMUNITY LOAN FUND, INC.
The Florida Community Loan Fund (Loan Fund), an independent, privately
supported financial intermediary, provides capital and technical assistance to qualifying
organizations with insufficient access to capital from conventional lending sources
throughout the state of Florida. The Loan Fund seeks low-interest loans and equity capital
contributions from socially concerned institutions and individuals. Contributions are then
used to make below market interest rate loans to eligible non-profits to support economic
development, affordable housing, and social services in urban and rural, low-income
communities.
Eligible Activities/Beneficiaries: Loans from $5,000 to $100,000, with a 15 year
term, at 5 to 10 percent interest rates are made for the following: (1) low-income (persons
at 80 percent or less of the area median income) housing development or improvement; (2)
job creation (one job created or retained per $10,000 borrowed) for low-income
individuals; and, (3) social service loans, as long as the loan will positively impact the
economic stability of a community.
Eligible Applicants/Application Process: Non-profit, 501(c)(3) organizations, that
have a strong community base and serve low-income communities within the state of
Florida may either complete a pre-application by mail or provide the required information
over the phone. If determined to be qualified, a formal loan application will be sent for
completion. If all criteria are met (management capacity, financial capacity and
development impact, support and feasibility) and the Board of Directors for the Loan Fund
approves the request, a loan agreement is executed between the borrower and the Loan
Fund.
I Contact: Ignacio Esteban, Executive Director, Florida Community Loan Fund,
I 8601 Fourth Street North #305D, St. Petersburg, FL 33702; (813) 578-2030; fax: (813)
578-5609; e-mail: ijefla@aol.com.
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U.S. DEPARTMENT OF AGRICULTURE, RURAL HOUSING SERVICES
(USDA/RHS)
The USDA Rural Housing Service has various programs available to aid in the
development of rural America. Rural housing programs are divided into three categories:
Community Facilities (CF), Single Family Housing. (SFH), and Multi Family Housing
(MFH). The Rural Development Administration and the Farmers Home Administration
formerly operated these programs. The Florida state office, located in Gainesville,
administers USDA Rural Development programs for Florida through five areas and 15
local offices. For a list of field and area offices, contact the state office listed below or visit
the web site (http://www.rurdev.usda.gov/fl/index.html). Detailed information and
applications for financial assistance are available through area and local Rural
Development offices.
Single Family Housing (SFH) Programs
502 Direct Loan Projram: Provides home ownership loans to very low- and low,
•
income rural residents to purchase, construct, repair, reconstruct, or relocate a dwelling
and related facilities. Up to 100 percent of the value may be financed; however, leveraging
with other subsidies (such as SHIP and HOME) and private lenders is encouraged. The
maximum loan term (repayment period) is 33 years (and 30 for manufactured homes). The
maximum mortgage limits, by county, are determined by the Department of Housing and
Urban Development (HUD). Funds are available on a first-come, first-served basis, and
very-low and low-income persons make direct application to their local USDA Rural
Development office.
504 Loan and Grant Program: Provides home improvement and repair loans (with
a 1 percent interest rate) and grants to enable very low-income rural homeowners to
remove health and safety hazards in their homes and/or make homes accessible for people
with disabilities. Grants are also available for persons 62 years of age and older who are .
unable to repay a loan. The maximum loan amount is $20,000, and the maximum grant an
elderly person can receive is $7,500. Funds are available on a first-come, first-served basis
k'i�e4<�q:�z ex��4'k'�Ea�.eae h, ��Caestua�e 72
and very-low and low-income persons make direct application to their local USDA Rural
Development office.
® Housing Preservation Grants: Provides qualified non-profit organizations and
public agencies with grant funds to administer programs that assist very low- and low-
income rural homeowners with the repairs and/or rehabilitation of their homes. Also,
grants can assist rural, rental property owners, and co-ops with repair and rehabilitation of
their units, if units will be made available/reserved for low-and very low-income persons. A
national, competitive application for Housing Preservation Grant funds is held annually
(generally late fall/early spring) and qualified non-profit organizations and public agencies
are eligible to apply. Contact the local USDA Rural Development office for more
information on upcoming cycles and application information.
Guaranteed Housing Program: Targets persons and families with moderate
incomes (up to 115 percent of the area median) who are lacking the down payment
necessary to purchase a new or existing home. Guaranteed Rural Housing Loans may be
made up to 100 percent of the market value or acquisition costs, whichever is less, which
eliminates the-need for either a down payment or mortgage insurance. The loan term is 30
® years, and the maximum loan may not exceed $86,317 (unless the eligible property is
located in a high-cost area as determined by HUD). Loans are purchased by either Fannie
Mae or Ginnie Mae as 100 percent loan-to-value with the guarantee. Lenders must apply to
their local Rural Development office to become approved to originate RHS Guaranteed
Rural Housing loans (and then eligible home buyers apply to approved lenders).
Self-Help Housing Loans: Are generally administered by non-profits or
municipalities working to assist groups of six to eight low-income families who are helping
each other build homes. The loans are limited and competitive, and non-profits or
municipalities must make application to their local RHS office. Loans fund the provision
of materials, site acquisition, and skilled labor until the home is completed. The families
must agree to work together until all homes are finished. Generally, Self-Help Housing
b Loans are combined with 502 Direct Loans to further assist low-income homebuyers with
down payment assistance or a deep subsidy second mortgage loan.
73
Multi Family Housing (MFH) and Site Development Programs
Rural Rental Housing Loans: Enable individuals or organizations to build or
rehabilitate rental units for low-and moderate-income residents in rural areas.
�. Rental Assistance: Reduce out-of-pocket cash that very low- and low-income
families pay for rent, including utilities.
Farm Labor Housinji Loans and Grants: Enable farmers, public or private non-
profit organizations, and local governments.to build, buy, or repair farm labor housing in
either dormitory or multifamily apartment style.
Con2reizate Housing and Group Homes: Provide living units for persons with low-
to moderate-incomes and for those ages 62 or older.
Rural Housing Site Loans: Enable private or public non-profit organizations to
purchase adequate building sites for development.
USDA/RHS Program Contacts:
State Office: Louis E. Frost, Director, Florida Office, Rural Housing Service, 4440 NW
25th Place, Gainesville, Florida 32606; (352) 338-3435; fax: (352) 338-3437; e-mail:
lfrost@rurdev.usda.gov.
Federal Office: James C. Kearney, Administrator, U.S. Department of Agriculture, Rural
Housing Services, 14th & Independence Ave., SW, Washington, DC 20250; (202) 690-
1727.
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wv:
Appendix III: State Financial Assistance Programs
PROGRAMS ADMINISTERED BY
THE FLORIDA HOUSING FINANCE CORPORATION (FHFC)
THE STATE OF FLORIDA'S HOME INVESTMENT PARTNERSHIPS (HOME)
PROGRAM
The federally governed and funded HOME Investment Partnerships (HOME)
Program was enacted in 1990 as part of the Cranston-Gonzalez National Affordable
Housing Act. The HOME Program provides Participating jurisdictions (Pi), such as the
state of Florida, with the opportunity to administer and distribute federal funds to expand
® the supplies of decent, safe, and affordable housing for very low and low-income
Americans, in accordance with their goals and strategies outlined in their Consolidated
Plans. The Florida Housing Finance Corporation (FHFC) administers the state's annual
allocation of HOME funds as two separate programs: (1) a multi-family rental development
loan program; and, (2) a second mortgage loan program for (a) single-family developments
and (b) for first-time home buyers in conjunction with the FHFC's Single Family Mortgage
Revenue Bond (SFMRB) Program.
Regulatory Requirements: Chapter 420.5089, Florida Statutes, Rule Chapters 67-
47 (Home Ownership) and 67-48 (Rental), Florida Administrative Code (F.A.C.), and
HOME Final Rule 24 CFR Part 92 (1996).
Eligible Activities: Acquisition (in conjunction with new construction or
rehabilitation), new construction, reconstruction, and moderate or. substantial
rehabilitation of non-luxury housing with suitable amenities.
Eligible Beneficiaries: HOME funds must be used to assist very low-income or low-
income persons or households. The multifamily program has specific income targeting
requirements for initial and lonb term occupancy and rental limits that require ongoing
monitoring throughout the project period.
\c t t2�1',xt@ tE�Lc t4F Zvi$`.4w1'R Ch;� 75
Eligible Applicants/Application Process: For the state HOME program, non-profit
• and for-profit corporations, Community Housing Development Organizations (CHDOs),
local governments, Regional Planning Councils, and, in some instances, Public Housing
Authorities are eligible to apply. There are two separate, annual competitive application
�. cycles for home ownership and rental developments. For rental developments, the
combined application for HOME, SAIL, and HC programs is used. Upon receipt, FHFC
staff review, score, and rank applications according to items such as funding, ability to
proceed, leveraging, and experience of development team. Contact appropriate program
administrator to place your name on the mailing list in order to remain informed of
upcoming cycles.
Program Contacts: Joyce Martinez, HOME Rental Program Administrator, or
Lanie Lowery, HOME Homeownership Program Manager, Florida Housing Finance
Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-1329, (850)
488-4197.
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
Created in 1992 as part of the William E. Sadowski Affordable Housing Act, the
State Housing Initiatives Partnership (SHIP) Program's mission is threefold: (1) provide
funding to eligible local governments for the implementation of programs that create and
preserve affordable housing; (2) foster public-private partnerships to create and preserve
affordable housing; and, (3) encourage local governments to implement regulatory reforms
and promote the development of affordable housing in their communities by using funds
as an incentive for private development.
Regulatory Requirements: Chapter 420.907, Florida Statutes, and Rule Chapter
67-37, Florida Administrative Code.
Eligible Activities: SHIP funds may be used for emergency repairs, new
construction, rehabilitation, down payment and closing cost assistance, impact fees,
construction and gap financing, mortgage buy-downs, acquisition of property for affordable
housing, special needs housing, home ownership counseling, and match for federal
•
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c-
housing loans and grants. A minimum of 65 percent of a local government's total annual
distribution of SHIP funds must be used for home ownership. A minimum of 75 .percent
of a local government's total annual distribution of SHIP funds must be used for
construction-related activities, including rehabilitation, new construction, emergency
repairs, or financing for a newly constructed or rehabilitated unit.
Eligible Beneficiaries: At least 30 percent of a local government's total annual
distribution of SHIP funds must be reserved for awards to very low-income persons, and an
additional 30 percent of funds must be awarded to low-income persons. The remaining
allocation may serve any combination of very-low, low- or moderate-income. Funds may
also be used for home ownership counseling and training.
Application Process/Eligible Applicants: Individuals, non-profit organizations, and
for-profit developers must apply for funding to the local government. Each local
government receives an annual allocation which is appropriated by the Florida Legislature.
To participate, a local government must establish a Local Housing Assistance Program;
submit and receive approval of a Local Housing Assistance Plan from the Florida Housing
Finance Corporation; adopt and incorporate Local Housing Incentive Strategies; establish
. or amend local land development regulations, policies, and procedures in order to
implement incentive .strategies; submit an annual report of the housing program's
accomplishments; and encourage public and private sector involvement in the form of a
partnership to further program goals and reduce housing costs. Each locally administered
SHIP Program determines the process of awarding and distributing funds within its
community and is required to identify eligible applicants and the application process in
their Housing Assistance Plan.
Program Contact: Tom Burt, SHIP Program Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, 'FL 32301-
1329; (850) 488-4197.
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FLORIDA AFFORDABLE HOUSING GUARANTEE PROGRAM
Florida Affordable Housing Guarantee (Guarantee) Program encourages affordable
housing lending activities through the issuance of guarantees on the obligations incurred
in obtaining financing for affordable housing. The Guarantee Program does not provide
4
direct funding of developments; it facilitates direct funding by reducing the lender's risk
through the issuance of a guarantee. The Program presently maintains a reserve fund of
approximately$65 million.
Regulatory Requirements: Chapter 420.5092, Florida Statutes, and Rule Chapter
67-39, Florida Administrative Code.
Eligible Activities/Beneficiaries: Eligible obligations for guarantees include those
made to finance.the construction, rehabilitation, acquisition or refinancing of single and
multifamily developments. Each multifamily development must set-aside a minimum of 20
percent of its units for households earning 120 percent or less of the area median income
(unless subject to more stringent restrictions).
• Eligible Applicants/Application Process: Developers (non- and for-profits), renters
and home owners can access the Guarantee Program through a Qualified Lending
Institution (QLI) that meets certain criteria established in Rule Chapter 67-39, F.A.C. and
is approved by the Guarantee Program Committee. Applications are accepted year round
and commitments are issued on a non-competitive, first-come, first-served basis. To apply,
all subsidies must be firmly committed to a single or multifamily development and a
Program Pre-Application Summary must be completed and signed by a QLI. Upon
approval of the Pre-application Summary, a Formal Application is requested from the QLI
along with an application fee of 10 basis points (.1%) of the total mortgage amount.
Program Contact: David Woodward, Guarantee Program Administrator, Florida
Affordable Housing Guarantee Program, Florida Housing Finance Corporation, 227
North Bronough Street, Suite 5000, Tallahassee, FL 32301-1329; (850) 488-4197.
?c'�e'�,i!�1421,t3L�[�r:i,CCtict�,E S}I;`44U,iCtt\l'rLC 78
PREDEVELOPMENT LOAN PROGRAM (PLP)
The Predevelopment Loan Program (PLP) provides technical advisory services and
below- market (3 percent) interest rate financing to non-profit organizations for preliminary
development activities necessary to obtain the requisite financing to construct home
ownership or rental housing.
Regulatory Requirements: Chapter 420.521-529, Florida Statutes, and Rule
Chapter 67-38, Florida Administrative Code.
i
Eligible Activities: Funds may be utilized for, but are not limited to, the following
® predevelopment activities: market and feasibility analyses, credit underwriting fees,
consulting fees, biological and environmental assessments, appraisals, professional fees,
and site acquisition expenses. Funding may not exceed the lesser of predevelopment costs
or $500,000. A non-interest bearing advance of $25,000 is available to conduct pre-
acquisition phase activities.
Eligible Beneficiaries: A minimum of 20 percent of the units must serve very low-
income persons and 50 percent of the units must serve low-income persons. For home
ownership developments, all remaining units must be sold to persons earning 120 percent
or less of the area median income.
Eligible Applicants/Application Process: Quarterly, competitive, application cycles
are open to non-profit organizations, Community Development Corporations (CDCs),
local governments, and public housing authorities with limited experience in the
development of affordable housing for very low- and low-income persons and farm
workers. Contact the program administrator to place your name on the mailing list in
order to remain informed of upcoming cycles.
Program Contact: Melanie Jordan, PLP Administrator, Florida Housing Finance
Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-1329; (850)
488-4197.
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SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM
The Single Family Mortgage Revenue Bond (SFMRB) Program uses the proceeds
from tax-exempt and taxable mortgage revenue bonds to provide first-time, very low- to
moderate-income homebuyers with below-market interest rate mortgage loans.
Regulatory Requirements: Chapter 420.508, Florida Statutes, and Rule Chapter
` 67-25, Florida Administrative Code.
i'
Eligible Activities/Beneficiaries: Below-market rate loans for first-time homebuyers
with very low- to moderate-incomes. Down payment and permanent loan assistance is
available on a first-come, first-served basis for very low- and low-income homebuyers under
the Homeownership Assistance Program (HAP) and HOME Program.
Zn
Eligible Applicants/Application Process: The application cycle is noncompetitive
and held once a year (per bond issue). Lenders apply directly to the SFMRB Program to
originate loans and must pay a participation fee of$10,000 to originate loans. Builders may
apply for a sub-commitment of bond funds, with a lender applying on their behalf. Such
sub-commitments are available for up to nine (9) month,s and builders must pay an up-
front fee of 1 percent of the total request.
Program Contact: Keith Bowers, Home Ownership Programs Administrator,
Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000,
Tallahassee, FL 32301-1329; (850) 488-4197.
HOMEOWNERSHIP ASSISTANCE PROGRAM (HAP)
DOWN PAYMENT AND PERMANENT LOAN PROGRAMS
The Homeownership Assistance Program (HAP)/Down Payment Assistance and
Permanent Loan Programs work in conjunction with the SFMRB Program. HAP Down
Payment Assistance provides a $2,500, zero-interest, second mortgage loan to first-time,
low-income homebuyers. HAP Permanent Loan provides a zero-interest, second mortgage
loan of the lower of. (1) ten percent (10%) of the home purchase price, $10,000, or the
amount needed to complete the transaction for persons with incomes between 65.01 to 80
80
percent of the area median; and, (2)Twenty-five percent(25%) of the home purchase price,
$15,000, or the amount needed to close the transaction for persons with incomes up to 65
percent of the area median income. In all instances, the combined loan-to value ratio
cannot exceed 103 percent (103%) of the lesser of the purchase price or the appraised
value of the house being purchased.
Regulatory Requirements: Chapter 420.508, Florida Statutes, and Rule Chapters
67-29, 67-45, and 67-46, Florida Administrative Code.
Eligible Activities/Beneficiaries: Zero-interest, non-amortized down payment and
deep subsidy, second mortgage loans for first-time home buyers with very low- to low-
incomes.
Eligible Applicants/Application Process: Eligible homebuyers apply to lenders
originating SFMRB funds (please refer to SFMRB Program). HAP Down Payment
Assistance and Permanent Loans are available on a first-come, first-served basis until funds
are exhausted.
Program Contact: Keith Bowers, Home Ownership Programs Administrator,
Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000,
Tallahassee, FL 32301-1329; (850) 488-4197.
HOMEOWNERSHIP ASSISTANCE PROGRAM (HAP)/CONSTRUCTION LOAN
PROGRAM
The Homeownership Assistance Program (HAP)/Construction Loan Program
provides low-interest rate construction loans to eligible non-profit developers and sponsors
to reduce the rate of construction financing for single-family developments and pass the
savings on to very low-or low-income home buyers.
Regulatory Requirements: Chapter 420.507(23)(a)3, Florida Statutes, and Rule
Chapter 67-44, Florida Administrative Code.
Eligible Activities/Beneficiaries: The HAP Construction Loan Program provides
low-interest rate, construction financing for the new construction or substantial
rehabilitation of single-family developments. A minimum of 30 percent of the units must
be reserved for very low-income persons (50 percent or less of the area median income) and
30 percent of the units must be reserved for low-income persons (80 percent or less of the
area median). Remaining units must serve families with 100 or 120 percent of the area
median income, depending on family size. For very low-income home buyers, at the time of
closing, a portion of the Construction Loan may be converted into a Permanent Loan to
` be used as down payment or closing cost assistance or as a zero-interest, deep subsidy,
second mortgage loan to reduce the principal amount of the first mortgage.
Eligible Applicants/Application Process: The annual, competitive, application
cycle is open to non-profit developers and sponsors with preference given to Community
Development Corporations (CDCs) or Community Based Organizations (CBOs) that meet
threshold score requirements, followed by developments that have received financing
through the Predevelopment Loan Program (PLP). Contact the program administrator to
place your name on the mailing list in order to remain informed of upcoming cycles.
Program Contact: Bridget E. Warring, Senior Program Analyst, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-
1329; (850) 488-4197.
MULTIFAMILY BOND PROGRAM
The Multifamily Bond Program utilizes funds generated from the sale of both
taxable and tax-exempt bonds to make below-market interest rate loans to the developers of
rental housing.
Regulatory Requirements: Chapter 420.508(2), Florida Statutes, and Rule Chapter
67-21, Florida Administrative Code.
Eligible Activities/Beneficiaries: Low-interest rate loans are available for the new
construction or acquisition and rehabilitation of rental housing units. Developers must
agree to minimally set aside twenty (20) percent of the development's units for very low-
income persons with incomes at 50 percent or less of the area median, or forty (40) percent
of the development's units for persons with incomes at 60 percent or less of the area
median. (If loan funds are combined with another rental program, i.e. HOME, HC, or
82
SAIL, the more stringent requirements regarding income, set-asides and affordability
periods apply).
Eligible Applicants/Application Process: For- and non-profit developers and public
agencies may apply for bond loans. The application cycle is open year; however, the
Corporation will give priority to those received by the date specified in the NOFA.
Applications for issuance of 501(c)(3) bonds are taken at any time and are reviewed for
funding on a first-come, first-served basis.
Program Contact: Jan Rayboun, Acting Deputy Development Officer, Florida
Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL
32301-1329; (850) 4884197.
HOUSING CREDIT PROGRAM (FORMERLY LOW-INCOME HOUSING TAX
CREDIT(LIHTC) PROGRAM)
The U.S. Department of the Treasury governs the Housing Credit (HQ Program,
and Florida's allocation is administered by the Florida Housing Finance Corporation.
Under the HC Program, successful applicants are provided with a dollar-for-dollar
® reduction in federal tax liability in exchange for the development or rehabilitation of units
to be occupied by very low- and low-income households.
Regulatory Requirements: Chapter 420.5099, Florida Statutes, and Rule Chapter
67-48, Florida Administrative Code.
Eligible Activities/Beneficiaries: The HC Program targets the new construction or
acquisition and substantial rehabilitation of very low- and low-income housing. The
Corporation usually chooses a target population for each funding cycle. For example, in
the FY 98 funding cycle, preference was given to developments that fell into the following
categories: large family (three or more bedrooms), elderly housing in certain counties, and
urban in-fill developments. Rent, including utilities, for all tax credit assisted-units may not
exceed 30 percent of the applicable income limitation for the surrounding area.
Eligible Applicants/Application Process: For- and non-profit organizations and
public agencies may apply for tax credits on a competitive basis. Application cycles are held
83
annually and are reviewed, scored, and ranked according to such items as funding, ability
to proceed, leveraging, and experience of development team. Contact the program
administrator to place your name on the mailing list in order to remain informed of
upcoming cycles.
Program Contact: Chris Buswell, HC Program Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-
1329; (850) 488-4197.
STATE APARTMENT INCENTIVE LOAN PROGRAM
The State Apartment Incentive Loan (SAIL) Program provides low-interest rate
mortgage loans to developers who build or substantially rehabilitate rental developments,
made affordable to very low-income households, in a mixed-income setting. The SAIL loan
bridges the gap between a development's primary financing and total development costs.
Regulatory Requirements: Chapter 420.5087, Florida Statutes, and Rule Chapter
67-48, Florida Administrative Code.
Eligible Activities/Beneficiaries: The SAIL Program targets the new construction
or rehabilitation of very-low income housing in the following categories: farm worker or
commercial fishing worker, elderly housing, family housing, homeless developments, and
Public Housing Authority properties.
Eligible Applicants/Application Process: For- and non-profit organizations and
public agencies may apply for SAIL funds on a competitive basis. Application cycles are
held annually and are reviewed, scored, and ranked according to items such as funding,
ability to proceed, leveraging, and experience of development team. Contact the program
administrator to place your name on the mailing list in order to remain informed of
upcoming cycles.
Program Contact: Larry White, SAIL Program Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-
1329; (850) 488-4197.
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PROGRAMS ADMINISTERED BY THE BUREAU OF COMMUNITY
DEVELOPMENT, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
The Florida Small Cities Community Development Block Grant (CDBG) Program
provides grants to non-entitlement cities with populations less than 50,000 persons and
counties with populations less than 200,000 persons to improve local housing, streets,
utilities, and public facilities. The program also supports downtown redevelopment and
creates jobs for low and moderate income Floridians. The program is administered under
four grant categories: (1) housing (2) neighborhood revitalization (3) commercial
revitalization and (4) economic development. The section also administers the Small Cities
108 Loan Guarantee Program that can be used for a wide range of CDBG eligible
purposes.
Regulatory Requirements: Chapter 290, Florida Statutes, Rule Chapters 9B-43,
Florida Administrative Code (F.A.C.), and Federal Rule 24 CFR Part 570.
Eligible Activities/Beneficiaries: Small Cities CDBG housing funds must be used
to rehabilitate or reconstruct (demolish and replace) substandard housing for very low-
income (50 percent or less of the area median income) or low-income (50.01 to 80 percent
of the area median income) persons or households.
Application Process/Eligible Applicants: 267 local governments are eligible to
apply as long as they have closed out previous developments under housing, neighborhood,
and commercial revitalization. Application cycles are held annually and are competitive.
Scoring is based on such factors as average cost of CDBG funds requested per unit;
percentage of very-low income persons to be served; leveraging of funds; maintaining a Fair
Housing Ordinance; establishing fair housing training programs for the general public and
local professionals; and, performance on equal opportunity employment practices.
Program Contact: Susan Cook, Community Program Administrator, Bureau of
Community Development, Small Cities CDBG, Florida Department of Community
Affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100; (850) 487-3644; e-mail:
susan.cook@dca.state.fl.us.
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PROGRAMS ADMINISTERED BY THE BUREAU OF COMMUNITY
ASSISTANCE, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
The Low-Income Emergency Home Repair Program (LEHRP) provides grants to
local agencies administering Weatherization Assistance Programs (WAPs) to assist low-
income persons, especially senior citizens and persons with disabilities, with emergency
home repairs.
Regulatory Requirements: Chapter 420.36, Florida Statutes, and Rule Chapter 9B-
57, Florida Administrative Code.
Eligible Activities/Beneficiaries: A wide range of structural, health-related and
safety repair assistance programs is available for persons with incomes at 125 percent or less
of the poverty level (including AFDC and SSI recipients) and includes the following:
structural repair, ceiling repair, electrical repairs, adding handrails, wheelchair ramps or
other accessibility items, plumbing, septic, termite treatments, etc. The average level of
assistance is approximately$1,000 per unit.
Eligible Applicants/Application Process: Noncompetitive, formula grants are
allocated to WAPs. Persons with incomes at 125 percent or less of the poverty level
(including AFDC and SSI recipients) apply directly to the local WAP for assistance. WAPs
maintain a waiting list for assistance and priority is given to senior citizens, persons with
disabilities, and families with children under the age of twelve (12).
Program Contact: Norm Gempel, Planning Manager, Weatherization Programs,
Bureau of Community Assistance, Florida Department of Community Affairs, 2555
Shumard Oak Blvd., Tallahassee, FL 32399-2100; (850) 488-7541; e-mail:
norm.gempel@dca.state.fl.us
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WEATHERIZATION ASSISTANCE PROGRAM
The Weatherization Assistance Program (WAP), serving all of Florida's 67 counties,
provides grants to over 37 local governments and nonprofit organizations to improve the
energy efficiency of low-income housing.
Regulatory Requirements: Chapters 163.03(3)(e) and 409.509 through 409.5093,
Florida Statutes, Rule Chapter 913-24, Florida Administrative Code, Public Laws; 94-385,
Title IV, Part A, 97-35, Title XXIV, 96-619, Title I1, Part 2, and 96-294, Title V, Subtitle E.
Eligible Activities/Beneficiaries: WAP offers free weatherization services to
homeowners and renters, including attic insulation; floor, ceiling and wall insulation; hot
water heater insulation jackets; caulking and tinting; heat/air system minor repairs; and
door/window repair and replacement.
Eligible Applicants/Application Process: Households with a net income that does
not exceed 125 percent of the poverty level (including WAGES and SSI recipients) may
apply directly to the local provider of WAP.funds. Funds are available to homeowners and
renters. The WAP program maintains a waiting list for assistance, and priority is given to
senior citizens, persons with disabilities, and families with children under the age of twelve.
Program Contact: Norm Gempel, Planning Manager, Weatherization Assistance
Programs, Bureau of Community Assistance, Florida Department of Community Affairs,
2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100; (850) 488-7541; e-mail:
norm.g_empel@dca.state.fl.us
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
The Low Income Home Energy Assistance Program (LIHEAP), serving all of
Florida's 67 counties, provides grants to over 33 local governments and nonprofit
organizations to help low income households pay their monthly energy bills during times
of financial crisis.
Regulatory Requirements: Chapter 409.58, Florida Statutes, Federal Omnibus
Budget Reconciliation Act of 1981, Title IV, as amended by the Human Services
P
Reauthorization Act of 1986, Title VII, Augustus B. Hawkins Human Services
Reauthorization Act of 1990, Public Laws 99-425 and 101-501.
Eligible Activities/Beneficiaries:Applicants can receive up to one energy assistance
payment and up to two crisis assistance payments annually.
Eligible Applicants/Application Process: Households with a net income that does
not exceed 125 percent of the poverty level (including WAGES and SSI recipients) may
apply directly to the local provider of LIHEAP funds. Applicants must present proof of an
obligation to pay for home energy costs.
Program Contact: Hilda Frazier, LIHEAP Planning Manager, Bureau of
1 Community Assistance, Florida'Department of Community Affairs, 2555 Shumard Oak
Blvd., Tallahassee, FL 32399-2100; (850) 488-7541; e-mail: hilda.frazier@dca.state.fl.us
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j!.
Appendix IV: Federal Financial Assistance Programs
FEDERAL HOME LOAN BANK(FHLB) OF ATLANTA
AFFORDABLE HOUSING PROGRAM (AHP)
` The Affordable Housing Program (AHP) subsidizes the interest rates for loans and
provides direct subsidies to FHLB members (financial institutions) engaged in lending to
local governments and for- and non-profit corporations for affordable housing to be _
occupied by very low-, low- and moderate-income persons. Generally, AHP funds are
leveraged with other sources of funds (such as FHLB's Community Investment Program,
SHIP, HOME, HC, etc.).
In addition to making AHP funds available by competitive application, FHLB of
Atlanta has set aside $1 million of its annual 1998 AHP allocation for the First-Time
Homebuyer Program (FHP). Interested member financial institutions, which are
encouraged to involve non-profit organizations, can submit an application to FHLB of
Atlanta. Subsidies under FHP are limited to $5,000 in down payment/closing cost
assistance for households having incomes at 80 percent or less of the area median income,
adjusted for family size. FHP subsidies may not be leveraged with AHP competitive funds.
Twenty-five (25) percent of each year's set-aside ($250,000 for 1998)will be available first to
rural areas as defined by the USDA/RHS until funds have been exhausted.
Regulatory Requirements: The Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA).
Eligible Activities/Beneficiaries: Subsidies under AHP must be used to finance the
purchase, construction, and/or rehabilitation of the following: (1) owner-occupied housing
for very low-, low- and moderate-income households; and, (2) rental housing, of which a ,
minimum of 20 percent of the units must be occupied by and made affordable for very low-
income households for at least 15 years.
Eligible Applicants/Application Process: The FHLB of Atlanta holds two
competitive application cycles annually. An FHLB member must submit an application.
Upon submittal, the proposed development is evaluated to determine whether it meets all
eligibility requirements (such as development feasibility, ability to begin using assistance
within 12 months, use of other subsidies, etc.). If all eligibility requirements are met, the
project will be scored according to nine (9) criteria (such as targeting, AHP subsidy per
units, sponsorship by a non-profit organization or government entity, etc.).
Program Contact: Karin Moore, Community Investment Specialists - Florida,
Federal Home Loan Bank of Atlanta, Post Office Box 105565, Atlanta, GA 30348; (404)
888-8177; fax: (404) 888-5560.
FEDERAL HOME LOAN BANK(FHLB) OF ATLANTA
COMMUNITY INVESTMENT PROGRAM (CIP)
The Community Investment Program (CIP) is a targeted housing and economic
development loan program that provides. funds for community-oriented mortgage lending.
CIP funds are available as advances, or loans, to FHLB members (financial institutions).
Generally, a non-profit, for-profi,t or local government will approach an FHLB member to
make application on their behalf.
Regulatory Requirements: Section 721 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA).
Eligible Activities/Beneficiaries: Mortgage loans are available for the acquisition,
construction, or rehabilitation of the following: (1) single-family, owner-occupied housing
for borrowers with incomes that do not exceed 115 percent of the area median income;
and (2) rental housing where the rents charged will be affordable to households with
incomes under 115 percent of the area median income. Also, commercial, economic
development, and business loans are available for activities that either (1) are located in a
low-income neighborhood; (2) will create jobs for low-income individuals; or, (3) will
provide services for low-income families.
Eligible Applicants/Application Process: Member lending institution applies for
CIP authorization by mailing or faxing a CIP Authorization request form to the
Community Investment Services (CIS) department. Requests are considered on a first-
come, first-served basis. The CIS department reviews the request and will notify the
member lender .if the request is approved (along with CIP authorization number if
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approved). Finally, the member faxes an Advance Application to Funding Desk and
provides authorization number.
Program Contact: Karin Moore, Community Investment Specialists - Florida,
Federal Home Loan Bank of Atlanta, Post Office Box 105565, Atlanta, GA 30348; (404)
888-8177; fax: (404) 888-5560.
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Appendix V: Institute for Community Economics
Community Land Trust Information
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Florida �tlantic University/Florida International University
Toir.t Center for Environmental FT UAan Pro;lems
220 Southeast Second Avenue, Suite 709
Fort Lauderdale, FL 570
Tel: (95�) 762-5255 0 Fax: (9tr) 762-5666
We}�site: V,r,r.tau.edu��ointcer.ter o E—mail: a9rooms(Df u.edu