HomeMy WebLinkAboutAgenda - 09-09-2002 - 1 i
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 9, 2002
Action Agenda
Item No. 1
SUBJECT: Housing Bond Policy Revision
DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Revised Housing Bond Policy Tara L. Fikes, ext 2490
Written Public Comments— Compiled
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To review the proposed Housing Bond Policy revisions and offer comment and
direction to the Affordable Housing Advisory Board and County staff.
BACKGROUND: In November 1997, Orange County voters approved the first Affordable
Housing Bond issue in the amount of$1.8 million dollars. In the spring of 1998, a Housing
Bond Policy Task Force was formed to develop a Housing Bond Policy that was approved in
December 1998. In December 1999, the BOCC approved three bond projects committing a
total of$690,000 according to the approved policy.
Later in 2000, as a part of its work, the Commissioners Affordable Housing Task Force
reviewed the Housing Bond Policy, recommended modifications to the Policy, and the revised
Policy was approved by the BOCC in April 2001. In June 2001, the BOCC awarded the
remaining $1,110,000 in bond funds in accordance with the revised policy.
Orange County voters approved a second bond issue in November 2001 for affordable housing
in the amount of$4 million dollars. Subsequently, the Affordable Housing Advisory Board
(AHAB) began review of the existing bond policy in preparation of identifying projects to be
financed from the 2001 bonds. This review has yielded further recommendations for
modifications as detailed in the attached copy of the Housing Bond Policy. Allan Rosen, Vice-
Chair of AHAB and Chair of the Board's Housing Bond Policy Ad Hoc Committee, will present,
these proposed changes to the Board.
The proposed Bond Policy was distributed to local non-profit organizations and posted on the
County's website in order to receive public feedback regarding the proposed policy. An official
comment period from August 19 — 30, 2002 was advertised and respondents were asked to
submit their comments in writing by the close of business on Friday, August 30, 2002. A copy
of the written comments is attached as additional information.
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During policy discussions, interest was expressed in land banking as an eligible activity in the
County's Housing Bond Program. Land banking involves the acquisition of vacant parcels of
land for future development although the actual proposed development or project is not known
at the time of acquisition. The Affordable Housing Advisory Board (AHAB) is not prepared at
present to recommend evaluation criteria for this activity. The Bond Policy Ad Hoc Committee
of AHAB anticipates their work can be completed in the next 60-90 days, including an
opportunity for public comment. This timeline should provide an opportunity for the.BOCC to
review and approve evaluation criteria for land banking and authorize a Land Banking RFP
before the end of 2002. In the interim, AHAB is recommending that 20% for the first phase of
the initial $1.3 million in affordable housing bond dollars be reserved for land banking.
Further, County support staff has suggested that the policy include a procedure for reallocation
of bond funds should funds allocated be returned or unused. The Ad Hoc Committee will
explore this issue in the next 60-90 days and make a recommendation at the same time the
Land Banking Program is presented.
FINANCIAL IMPACT: The approved Housing Bond Policy will govern the expenditure of$4
million dollars in Affordable Housing.Bond funds. The Affordable Housing Bond sale strategy
includes the sale of approximately $1.3 million dollars each year for the next three years
beginning in 2003.
RECOMMENDATION(S): The Manager recommends that the Board receive and discuss the
proposed policy revisions and offer comment and direction to the Affordable Housing Advisory
Board and County staff.
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Original Language
Changed Language
New Language
Revised Language
Orange County Housing Bond Policy
Established-September 1998
Approved:December 15, 1998
Amended:April 2001
Proposed Revision: August 2002
This document outlines the policies governing the expenditure of 2001 Affordable Housing Bond
funds and future bond programs.
1, INTRODUCTION
Separate Funding Pools Strategy: Separate Request for Proposals(RFPs)will be issued
simultaneously for three types of projects: 1)homeownership,2) special needs, whether
ownership or rental,and 3)non-special needs rental. Within each category,no distinction should
be made between new construction and rehabilitation. The RFP closing dates and award dates
will also be the same.
201/9 of the expected$1.3 million that will be made available in the first round of 2001 bond
funding will be designated for the homeownership pool,201/o will be designated for the special
needs pool, and 40%will be designated for the non-special needs rental housing pool. (The final
201/6 will be reserved for the land banking RFP process.)
If funds for any pool are not fully allocated in the initial round, an extension period of 60 days
will be granted for the submission of additional RFPs for that specific project type. This
extension period will begin the day following the BOCC's vote on awarding bond funds. During
this extension period new applications will be received; in addition, applicants who did not score
the required 60 points may revise their applications and reapply during the extension period. If,
after this extension period and corresponding funding decisions,there are still funds remaining in
either the Home Ownership,Rental, and/or Special Needs pool(s),the Project Review and
Selection(PRS) Committee will make a recommendation to the County Manager for the
disposition of remaining funds.
Eligible Applicants: Only non-profit entities will be eligible to apply for funding under the
County's bond program. Non-profits may partner with for-profit entities to develop projects,
however,in those cases; the non-profit must have the controlling majority in the project (more
than 50%interest).
Request for Proposals: Prospective developers will be required to submit an application once
the Orange County Department of Housing and Community Development announces a Request
for Proposals. The applications will be scored according to the established evaluation criteria and
targeting goals explained herein.
e�
Project Review and Selection: A County Committee will evaluate project proposals and make
funding recommendations to the County Manager. The Project Review and Selection (PRS)
Committee will be composed of up to three members of the Affordable Housing Advisory Board
(AHAB), three Orange County employees (from among the Orange County Assistant County
Manager for Human Services, Planning Director, Finance Director, and County Engineer) and
one employee from each of the Chapel Hill, Carrboro, and Hillsborough planning departments.
The Orange County Director of Housing and Community Development will also serve as a
member of the PRS Committee.
am G84-311-0-y
AHAB appointments will be for the period of each phase of funding and appointees are not to
have been affiliated with eligible applicants within the last 12 months. "Affiliation" includes
involvement as a volunteer, member of the staff, board, or board committee, or of a funding
agency.
The Board of County Commissioners must approve all housing bond projects. Project proposals
recommended for funding by the PRS committee,with the concurrence of the County Manager,
will be placed on a regular Board of County Commissioners meeting agenda for their
consideration.
Eligible Projects: Both Existing Housing and New Construction projects are eligible activities
for funding. Eligible projects are described in Attachment 1. If a prospective applicant is
considering a project that is not included in the list of eligible projects, then the applicant should .
request a pre-application conference with the Director of Housing and Community Development
and the Chair of the PRS Committee to determine if the project can be evaluated by the current
criteria.
Minimum Score: All projects that score above 60 points under the Evaluation Criteria are
eligible to receive funding. The PRS Committee will review and score the application.The score
of 60 must be derived from points earned in each evaluation category. The Board of County
Commissioners must approve all housing bond projects. Project proposals recommended for
funding by the PRS Committee,with the concurrence of the County Manager,will be placed on
a regular BOCC meeting agenda for their consideration.
Project Completion: All Existing Housing Program activities should be completed within three
years of funding award. All New Construction program activities should begin within three years
of funding award. Any requests for time extensions will be granted at the discretion of the Board
of County Commissioners and must be submitted at least six months prior to the deadline date.
Reporting Requirements: Bond fund recipients will be required to submit status reports to the
County. (See Attachment 2).
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Leveraging Requirements: Projects that do not leverage other financial resources will not be
funded. Examples of other available resources include: the Community Development Block
Grant(CDBG) Program, HOME Investment Partnerships Program,NC Housing Finance Agency
Programs, as well as local general fund contributions,private bank financing, equity
contributions from the end-user and/or the developer, and philanthropic funds.
Long Term Affordability Requirements: All projects must meet the County's Long-Term
Housing Affordability Policy. See Attachment 3.
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II. EVALUATION CRITERIA
A. Income Targeting (25 points)
Household Income Range Points to be Awarded
<30%of Area Median Income 25
<60%,but>=30%of Area Median Income 20
<80%, but>=60 %of Area Median Income 15
Note: For projects serving mixed-income ranges, a corresponding weighted average of points
will be awarded.
Replaces....
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4. ��a
a.. rmaw 6
13— — Medium 4.2
6. 1ligh ;8
d.— al 24
Development Depaitnem; and thsreugMy reviewed whenever a new five (5) year
heuskig plan is er-eated.
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B. Leveraging(20 points)
The degree to which the proposed project includes finding from other sources and minimizes
County bond funds required, given the income groups served. All outside funding sources must
be committed within six(6) months of the date of the funding award.
Percent Funded by Bonds Points to Be Awarded
60-80% 3
40-59% 6
20-39% 9
10- 19% 12
< 10% 15
Other Criteria Points to Be Awarded
1. The project pays property taxes 2
2a. The project repays the bond funds—principal only 2
2b. The project repays the bond funds — both principal and 3
interest
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C. Design (15 points)
The design of the site plan and housing units with respect to accessibility, maintenance,
functionality and quality of appearance in terms of compatibility with that of neighboring
housing.
Building Design
Maximum Points
Scoring Criteria to be Awarded
1. The project exceeds the NC Housing Finance Agency Energy 3
Efficiency Criteria
2. The project is accessible to needed services for the target 2
population such as healthcare, schools or public transportation
3.The project provides complete handicap accessibility and/or 3
utilizes the principles of Universal Design
4. Additional points may be awarded for meeting aspects 2
associated with functionality and maintenance. (Details must be
provided b licant.
Community Design
Maximum Points
Scoring Criteria to be Awarded
5.The project contributes to a mix of housing within an existing 2
neighborhood
6. Additional points may be awarded for criteria associated with 3
building appearance, quality of construction,compatibility with
surrounding housing,ability to foster a sense of a secure
community, and contributes to neighborhood revitalization.
(Details must be provided by applicant.)
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CI
D. Community Snonsorshfn / Suonort (10 points)
This section evaluates the degree to which the sponsoring organization demonstrates plans for
strong community participation throughout the development of a project
Maximum Points
Scoring Criteria to be Awarded
1. The applicant can submit evidence that they coordinated the 3
application with other organizations to complement and/or
support the proposed project. (Please be explicit)
2. The applicant involved the intended beneficiaries of the 2 ,
project in the planning Rrocess.
3. The applicant can demonstrate that it has been actively 2
involved, or describes the steps it will take to become actively
involved in the Community's Consolidated Planning process to
identify and address a housing need or problem that is related in
whole or part to the proposed project.
4. The applicant has developed, or describes the plans to develop 3
linkages with other community activities, programs or projects
related to the proposed project (i.e. support services) to
coordinate its activities so solutions are holistic and
co rehensive.
E. Protect Feasibility(15 points)
Project feasibility is the degree to which the project is judged to have a likelihood of successful
completion,addressing such elements as zoning, site control,construction schedule,and funding.
The proposal should be complete and present a budget that is reasonable and is based on
reasonable assumptions.
Maximum Points
Scoring Criteria to be Awarded
1. The applicant can demonstrate site control, zoning 4
compliance,and a timely construction schedule that is feasible
2. Funding(other than bond funding) is in place at the time of 4
application.
3. The applicant's proposal is complete and presents a proposed 7
project budget that is reasonable and is based on reasonable
assumptions
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fa
F. Developer Experience(15 points)
Developer experience is judged based on the scope, extent and quality of the applicant's.
experience in housing or related services to those proposed to be served by the project and the
scope of the proposed project(i.e. number of units, services,relocation costs, development,and
operation) in relationship to the applicant's demonstrated development and management
capacity, as well as its financial management capability. This includes the applicant's utilization
of minority and women-owned businesses, and other allied small businesses in the planning and
development of the project. Partnerships by local organizations will be encouraged.
The amount of experience of the project sponsor and the proposed development team in carrying
out similar projects in a successful fashion,particularly with respect to reasonably meeting
project budgets and timetables on such projects will also be considered. This would include
review of the organization's track record in handling projects which used town or county local
funds and/or funds awarded to the local governments in Orange County by the federal or state
government.
In the case of rental projects,the amount of experience the project sponsor and management
company have in managing low income housing(including an adequate management plan for
dealing with special population needs and special community needs) must be demonstrated.
Maximum Points
Scoring Criteria to be Awarded
1. Experience of the applicant in carrying out projects of 5
comparable scope and nature (e.g.,new construction, rental
housing,rehabilitation, etc.) to that proposed, and has met
re lstory compliance for prior projects
2.Applicant has proposed a team with demonstrated
development,managerial, and financial management 5
ca abilities in Rrior projects
3. Applicant has successful record of meeting proposed 5
bud ets and timetables
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ATTACHMENT 1 —ELIGIBLE PROJECTS
Existing_Housine Programs
Affordable Housing Loan Program: The focus of this, homeownership program would be
direct assistance to eligible borrowers. An eligible homeowner is one that has not owned a home
in the past three (3)years. Income-eligible borrowers would be pre-qualified for first and second
mortgages by a local housing non-profit agency with the cooperation of local lenders. All
prospective homebuyers would have to complete a county-approved homebuyer education
program prior to receiving approval to participate in the program. The County would provide a
"pre-commitment'' letter to the borrower, who could then purchase a standard home available on
the market that'they could afford and that sold for less than the FHA maximum sales price for
this area. The eligible borrower must provide a minimum of $750 cash contribution to this
transaction.
Rehabilitation of Substandard Housing — Second Mortgage: This program would provide
direct assistance to eligible homeowners and 501(c)(3) non-profit organizations that own rental
property for rehabilitation of units with code violations.
Community Revitalization Loan Program: This program would provide assistance with the
purchase and rehabilitation of existing property by first-time homebuyers. The guidelines
governing this program will be in accordance with the existing County and Town of Chapel Hill
Programs with the same name.
Acquisition for Low Income Rental Housing: Funds would be used to assist local 501(c)(3)
organizations purchase and, if necessary, renovate available property for lease to low income
Orange County residents.
Urgent Repair Program: The program would be used to provide funds for home repairs that
eliminate potential life or safety threats to low-income homeowners and/or enable the elderly and
disabled to remain in their homes by providing essential accessibility modifications.
New Construction Programs
Assistance may be provided to non-profit housing developers of new construction projects for
first-time homebuyers and/or renters. A Builder Participation Agreement would set aside a
funding allocation for second mortgages to developers/homebuyers in a specific project For
rental projects, the use of federal income tax credits and Section 8 certificates and vouchers must
be utilized if available.
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ATTACHMENT 2-- PROGRAM MONITORING AND REPORTING
Advisepy Bewd will reNiew the bead pmgmn at least sefri eafmally to ffierAer the housing
e and reesive .
f an Ammal Report will be prepaFed detailifig
a Fe-Asw ef Fe-As the pas! year's bead pregmm aetvifies. . , sal ,to ff &ad ... mben_ef the Of-8s
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The Affordable Housing Advisory Board will review the bond program semi-annually to monitor
the housing bond program, raise policy issues with staff,and receive information.
All housing bond projects are required to file semi-annual reports upon expenditure of funds and
a final end of project report with the Orange County Department of Housing and Community
Development. These reports involve the completion of a standardized form that is intended both
to collect baseline information on each phase of every project(pre-development,development,
and marketing)as well as to provide an opportunity for self-reporting on the particular details of
each project.
w
The final report will include a review of project activities,a current market analysis, and
recommended program priorities for the future. This information would be made available to all
County residents and formally presented to the Orange County Board of Commissioners during a
regularly scheduled meeting.
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ATTACHMENT 3 — LONG-TERM HOUSING AFFORDABILITY POLICY
Purpose: This policy establishes the acceptable strategies for bnsuring long-term
affordability in all affordable housing programs supported by County financial resources.
Target Population:
Homeownership programs are targeted to families with incomes at or below 80% of the HUD
published area median income.
Rental housing programs are targeted to families with incomes at or below 60% of the HUD
published area median income.
Definitions
Affordable Housing—is defined as(1)owner-occupied housing which can be purchased for no
more than 2.5 times to 3.0 times the total annual family income, or(2)rental housing for which
the occupant pays no more than 30%of gross income for all housing costs including utilities.
First-time homebuyer/Qualified buyer - A first-time homebuyer for the purposes of this
program is any low income household that has not owned a home within the past three(3) years
including households living in manufactured housing not permanently affixed to a foundation, or
owner-occupants of homes not feasible for renovation.
I. Impact Fee Reimbursement Program(existing policy last revised March 4, 1998.)
A. Owner-Occupied Housing
Any organization requesting impact fee reimbursement must certify in writing,
that for owner occupied housing, it will remain affordable to the anticipated beneficiary
or beneficiaries for a period of a minimum of ninety-nine(99)years or longer depending
upon the funding source. This requirement will be secured by a Declaration of
Restrictive Covenants.
B. Rental Housing
An organization requesting impact fee reimbursement for rental housing must
certify that the property will remain affordable for ninety-nine (99) years. The rental
housing certification must be secured by a Declaration of Restrictive Covenant requiring
repayment to Orange County of the impact fee if the rental housing does not remain
affordable during the period of affordability, which covenant will be further secured by a
note and deed of trust. Evidence must be provided that agency and/or program guidelines
are in place to assure affordability compliance.
II. Land Trust Model
The Land Trust model utilizes a non-profit, community based organization known as a
Community Land Trust (CLT) whose purpose is to acquire land and make it available to
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individual families and others, such as cooperatives, through a long-term lease for a term
up to 99 years. The leaseholders or homebuyers do not hold title to the land - the title is
retained by the CLT - they own the improvements or housing units/structures on the land.
The benefits of this model include the ability of the CLT to provide first-time
homeownership opportunities for the initial buyer as well as protection of affordability
for future residents in the sale of buildings and other improvements on the land. The
land lease gives the CLT the first option to purchase the home, when and if it is sold, at
an affordable price set by a resale formula. The resale formula gives homeowners a fair
return for their investment, while keeping the price of the housing units/structures
affordable for future residents.
III. New and Existing First-Time Homebuyer Programs
A. Period of Affordability
All properties supported by County financial resources for the purpose of facilitating
homeownership must remain affordable to families at or below 80% of median income
for a minimum of ninety-nine(99)years from the date of initial assistance.
B. Right of First Refusal
A right of first refusal or right to purchase is accomplished by means of a Declaration of
Restrictive Covenants on the property purchased by the first-time homebuyer. Any
assignment, sale, transfer, conveyance, or other disposition of the Property or any part
thereof whether voluntarily or involuntarily or by operation of law ("Transfer') shall not
be effective unless and until the below-described procedure is followed.
If the original homebuyer or any subsequent qualified homebuyer (`Buyer')
contemplates a Transfer to a non low-income household as defined herein, Buyer shall
send to Orange County and/or the sponsoring non-profit organization, not less than 90
days prior to the contemplated closing date of the Transfer, a "Notice of Intent to Sell."
This Notice of Intent to Sell shall be accompanied by a copy of a completed, fully
executed bona fide offer to purchase the Property on the then current North Carolina Bar
Association "Offer to Purchase and Contract" form. If Orange County and/or the
sponsoring non-profit organizations elects to exercise its said right of refusal, it shall
notify the Buyer of its election to purchase within 30 days of its receipt of the Notice and
shall purchase the Property or portion thereof within 90 days of the receipt of the "Notice
of intent to Sell.' As between the County and the sponsoring non-profit organization, if
both wish to and have the means to exercise the right of first refusal, the sponsoring non-
profit organization shall have priority.
If neither Orange County nor the sponsoring non-profit organization advises the Buyer in
a timely fashion of an intent to purchase the Property, then the Buyer shall be free to
Transfer the property in accordance with the Equity Sharing subsection of this policy.
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IS
B. Equity Sharing
All financial contributions provided by the County will be provided as a deferred
second loan secured by a forty (40) year Deed of Trust and Promissory Note, forgivable
at the end of 40 years. This Deed of Trust and Promissory Note shall constitute a lien on
the Property, subordinate only to private construction financing or permanent first
mortgage financing.
The 99 year period of affordability for each individual housing unit will be
secured by a declaration of restrictive covenants that will incorporate a right of first
refusal that may be exercised by a sponsoring non-profit organization and/or Orange
County. This declaration of restrictive covenants will be further secured by a deed of
trust.
The non-profit organization and/or the County as applicable retains full
responsibility for compliance with the affordability requirement for assisted units
throughout the term of affordability,unless affordability restrictions are terminated due to
the sale of the Property to a non-qualified buyer,
If the buyer no longer uses the Property as a principal residence or is unable to
continue ownership, then the buyer must sell, transfer, or otherwise dispose of their
interest in the Property only to a qualified homebuyer, i.e., a low-income household, one
whose combined income does not exceed 80% of the area median household income by
family size,as determined by the U.S.Department of Housing and Urban Development at
the time of the transfer, to use as their principal residence.
However, if the property is sold during the term of affordability to a non-qualified
homebuyer to be used as their principal residence, the net sales proceeds (sales price less:
1) selling cost, 2) the unpaid principal amount of the original first mortgage and 3) the
unpaid, principal amount of the initial County contribution and any other initial
government contribution secured by a deferred payment promissory note and deed of
trust) or "equity" will be divided 50150 by the seller of the Property and the County. If
the initial County contribution does not have to be repaid because the sale occurs more
than forty years after the County contribution is made, then the seller of the Property and
the County will divide the entire equity realized from the sale.
Any proceeds from the recapture of funds under this provision will be used to
facilitate the acquisition,construction, and/or rehabilitation of housing for the purposes of
promoting affordable housing.
IV. Policy Review
This policy will be reviewed by County staff and officials within two (2) years of
the original approval date to ensure continued congruency with local affordable
housing programs.
Effective Date: April 3, 2000
Revised: June 6,2000
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Housing Bond Polic
Written Comments
1. Dawn Peebles, Weaver Community Housing Association
2. Richard Duncan, Center for Universal Design,NC State University
3. Susan Levy, Habitat for Humanity of Orange County,NC,Inc.
4. Robert Dowling,Orange Community Housing and Land Trust, Inc.
5. Nancy Milio,Affordable Rentals,Inc.
9/3/2002
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Weaver Community Housing Association
621 Hillsborough Rd.
Carrboro, NC 27510
919.619.0842
www.wcha;c000; infoODwcha.coop
To the Affordable Housing Advisory Board:
A local group of affordable housing advocates has founded the Weaver Community Housing
Association (WCHA)to create permanent affordable housing targeted at individuals earning less
than 60% of area median income. We are using the cooperative model as a means to create
affordable housing.Though there are some differences, the cooperative model bears great
resemblance to rental housing,
In a cooperative,member/residents make monthly payments(a rental equivalent)to the 501(c)(3)
corporation (WCHA)that owns the title to the properly. Members pay the WCHA for their share of
the actual operating cost, building mortgage,and real estate taxes, based on the non-profit
operation of the WCHA. The move-in cost is a small member deposit, similar to a rental security
deposit
Unlike traditional rental housing,the resident members play a significant role in governing and
maintaining the property. Residents meet regularly to determine co-op procedures and make
decisions on property upkeep, and residents elect representatives to serve on the Board of
Directors of the WCHA. Corp resident members also elect the Board of Directors,which decides
all policy matters. The community control aspect of a cooperative provides a natural base for
service and activity.
In spite of the differences between rental and cooperative housing, this nonprofit cooperative
model is definitely NOT owner-occupied.The nonprofit will retain the title to the property into
perpetuity, and the bylaws of the nonprofit stipulate that the properties will always remain
affordable as meets the terms defined for"affordable housing" in the bond policy. In addition, our
organization's mission and bylaws meet all the terms the bond policy sets forth for rentals in
"Attachment 1-Eligible Projects"and "Attachment 3-Long-Term Housing Affordability policy."
Therefore, in order to be eligible for funding from the bond,we would like to request that
cooperative housing is not excluded in the language of the revised bond policy. We request that
cooperative housing be included in the 40%of bond money designated for the non-special needs
rental housing pool.
We suggest one of the following revisions:
1."...40%will be designated for the non-special needs rental
/cooperative housing pool"or
2."...40%will be designated for the non-special needs rental
non-owner occupied housing pool"
The first revision will specifically include cooperative housing in the bond policy; the second
defines the 40%portion to be designated for forms of housing other than owner-occupied.
Thank you: Please email us at infoCOwcha.coop (after Tuesday 9/3)or
christy(dweaverstreetmarket.c000 or call 619.0842 if you have any questions or need any
additional information.
Sincerely,
Dawn Peebles, Executive Director
Ruffin Slater, Chair
Christy Raulli,Treasurer
Weaver Community Housing Association
_ Page j.
Prom: Richard Duncan <rc duncan@ncsu.edu>
To: <tflkes @co.orange.nc.us>
Date: 8/30/02 10:48AM
Subject: Bond Policy
>Ms. Fikes:
>This is my response to The County's Affordable Housing Advisory
>Board's (AHAB) Affordable Housing Bond Policy.
I commend the Board for including accessible and universal housing in
Its points criteria. Perhaps the Board and Orange County might be
served well with more detailed backup to guide developers. I have
attached a preliminary list for your consideration.
The idea would be to have all or most of he homes built with bond
money to posses a minimum of features, understanding that state or
federal guidelines, standards or codes may apply to some of the
housing as well. We think that basic LID features shouldn't be
restricted to so called "fully accessible" homes and that most homes
can achieve a UD outcome in ways that make them appealing to all
buyers or residents.
Dick Duncan
CC: <NCProut @aol.com>
Cl
BASIC UNIVERSAL DESIGN FEATURES IN HOUSES
The following characteristics are the very basic elements,features,ideas or concepts that
contribute to or can be components of a universalhouse.This list is intended as a guide and
represent those features which would be most challenging to add to an existing home.A fully
universal home would posses more features than are listed below.
Some are finite recommendations, some are lists of options,and some are scope statements in
regard to how many particular features must or should be included.
Entrances
Stealess Entrances
•At least one stepless entrance is essential,if only one,not through a garage or from a patio
or raised deck.
•Level bridges to uphill point.
• Drive and garage elevated to floor level,so vehicles do the climbing.
•Earth berm and bridge and sloping walk details.
• Site grading and earth work(with foundation waterproofing) and sloping walks at 1
in 20 maximum slope.
• Avoid ramps. If ramps are used,integrate into the design
Other Entrance Features
• One-half inch maximum rise at entrance thresholds.
• Space at entry doors should be a minimum 5'x 5'level clear space inside and outside of
entry door for maneuvering while opening or closing door.
Decks
• Build deck at same level as house floor.
Interior Circulation
The Center for Universal Design
College of Design•North Carolina State University
a®
UNIVERSAL DESIGN FEATURES IN HOUSES
•At least one bedroom and accessible bathroom should be located on an accessible ground
floor entry level (same level as kitchen,living room,etc.).
• Clear door opening width(32"minimum,34" -36"wide doors),for all doorways.
• Clear floor space (18" minimum)beside door on pull side at latch jamb provides space to
move out of the way of the door swing when pulling it open
• Circulation route(42" mini*num width) to provide maneuvering room in the hallways
and archways.
Vertical Circulation
• Stair handrails placed on both sides of stairs and extending horizontally beyond top and
bottom risers.
Bathrooms
At least one bathroom on the accessible level must have one of the following accessible bathing
fixtures:
• Minimum 5'x 3' (4'preferred),deep curbless shower
•Adequate maneuvering space:60" diameter turning space in the room and 30" x 48" clear
floor spaces at each fixture.Spaces may overlap.
• Clear space (3') in front and to one side of toilet allows for easy maneuvering to and
around toilet.
•Toilet centered 18"from any side wall;cabinet or tub.
• Broad blocking in walls around toilet,tub,and shower allows for future placement and
relocation of grab bars while assuring adequate load-bearing and eliminates the need to
open up wall to add blocking later.
Fixture Controls
• Single-lever water controls at all plumbing fixtures and faucets.
• Mix valve with pressure balancing and hot water limiter prevents scalding people who
cannot move out of the way if water temperature and/or pressure changes suddenly.
Kitchens
The Center for Universal Design
College of Design• North Carolina State University Page 2
UNIVERSAL DESIGN FEATURES IN HOUSES a I
•Space between face of cabinets and cabinets and walls should be 48" minimum.
• Full-extension,pull-out drawers,shelves and racks in base cabinets for easy reach to all
storage space.
• Adjustable height shelves in wall cabinets,
• Pantry storage with easy access pull-out and/or adjustable height shelves for easy
reaching of otherwise hard-to-get items. (See Stor-Ease pantry storage system.)
• Single-lever water controls at all plumbing fixtures and faucets.
Switches and Controls
• Light switches above floor,36" -44" maximuny and thermostats at 48"maximum height.
• Electrical outlets, 18" minimum height,allows easy reach from a sitting position as well as
for those who have trouble bending over.
• Electrical panel with top no more than 34" above floor located with a minimum 30"x 40"
clear floor space in front.
The Center for Universal Design
College of Design•North Carolina State University
Page 3
as
Habitat for Humanity
iff Orange County, NC, Inc.
P.O. Box 459• Hillsborough, NC 27278 •(919)732-6767,FAx: (919)732-2337•ochabitat @earthlink.net
August 27,2002
TO: Board of County Commissioners
FROM: Susan Levy, Exec. Director,Habitat for Humanity
RE: Comments on proposed revisions to Affordable Housing Bond Policy
First, as one who worked on developing the original bond policy and criteria,I know how
complex the task is. I am appreciative of the hard work of the members of the County's AHAB and
commend them for a job well done. I appreciate the opportunity to comment on the proposed revisions.
The following comments are made on behalf of Habitat for Humanity.
Land banking.
We are very disappointed that the AHAB was not able to make recommendations for
criteria for land banking so that it could be included in the initial round of RFPs. This omission
is unfortunate since land acquisition is-often very time sensitive,and opportunities to purchase
land are quite limited in Orange County. We are especially disappointed because Habitat for
Humanity currently has a contract on a 16-acre tract in a very desirable location for affordable
housing in Chapel Hill. In our negotiations with the seller, we had to agree to a very short time
flame in which to secure funding for the purchase. In fact, our offer was accepted over that of a
private developer based on nur T.greeing to have funding secured by the end of 2002, or lose the
contract We had hoped that land banking would be included in the initial round of funding, and
that we could meet the seller's conditions, if we were able to submit a successful application.
We strongly urge the BOCC to include land banking in the initial round of RFPs. While
it is understandable that the AHAB ran out of time, and perhaps felt they lacked the expertise to
suggest criteria for this category,there should be another mechanism for developing the criteria,
perhaps through a special subcommittee. Coming up with the criteria should not be so time
consuming or difficult that it cannot be included in the first round
Separate Funding Pools Strategy
While there are no doubt administrative difficulties in doing so, we suggest that there be
some provision for evaluating proposals that include rental,homeownership, and special needs
housing as one integrated project The way the proposed policy is currently worded,the project
must be submitted as three separate M's that will be judged independently. Thus, one portion
of the project might receive funding when the other would not,which would threaten the success
of the entire project since it would be impossible to move forward with only partial funding.
- a3
Leveraging
The requirement that all outside funding sources be committed within six months of the
date of the finding award is unrealistic. Many funding sources are cyclical,and can only be
applied for at specified times of the year. Likewise,notifications of awards of funding are not
within the control of the applicant. Since the bond funding may be the first source that is
approved, and the source that is key to moving forward with the project, it will be used to
leverage additional finding that often cannot be applied for until notification that the bond
finding has been awarded.
Under the project completion section, existing housing program activities must be
completed within three years of finding award,and new construction must begin within three
years. This implies a longer period of time to put together the project financially. A minimum
one year time frame with the possibility of extensions would be more acceptable and certainly
more realistic, giving the applicant adequate time to apply for all possible funding.
General comments about scoring
The use of"maximum points to be awarded"under each category implies that points less
than the maximum may be awarded within each subcategory. For example,under project
feasibility, item 1 states "The applicant can demonstrated site control zoning compliance, and a
timely construction schedule that is feasible,"for a maximum of 4 points. If the applicant meets
the site control and timely construction requirements,but the property must undergo rezoning,
would some points be awarded, or is it an all or nothing criteria? Hopefully,partial points will
be awarded within each of the sub categories.
August 28,2002
Ms. Tara Fikes
Housing and Community Development
PO Box 8181
Hillsborough,NC 27278
Re: Revisions to Bond Policy
Dear Tara:
Thanks for sending the revised bond policy out for comment I think the Affordable
Housing Advisory Board has recommended some thoughtful revisions to the current
policy. My comments on those changes,as well as the old policy are as follows:
1. If we assume that much of the special needs funding will be used for rental
housing,then the first RFP will contain just$260,000 for homeownership
opportunities and$780,000 for predominantly rental projects. This distribution
seems overly weighted in favor of rental.
2. Regarding Project Completion guidelines,perhaps larger projects could be
allowed more time(like the three years provided in the guideline)and smaller
projects should be given less time(buying and renovating three houses should
not take three years). The same holds true for new construction projects—
building three houses should not take as long as doing a thirty home
development.
3. Regarding the Leveraging section of the Evaluation Criteria,it seems that if a
project can repay bond funds to the County that should be worth more than 2 or 3
points.
4. Regarding the Building Design section, it seems that unless you exceed the
energy standards and meet universal Design standards,only 4 points are possible
in this entire section. This would work against townhomes(that are built to the
energy standard)where the bedrooms are located upstairs. The increasing
scarcity of land(and the associated high cost)will compel affordable housing
developers to consider townhomes and condominiums in the years ahead. The
County's evaluation criteria should recognize and not penalize this`natural path'.
5. The Community Sponsorship and Support section now seems skewed toward
rental housing because both of the new criteria refer to supportive services,
which typically are more relevant to rental housing.
6. Regarding Attachment A Eligible Projects—Perhaps it should be stated that some
funds are provided as grants rather than as second mortgages,as stated in the
Attachment
7. Under Program Monitoring and Reporting-it is stated that the final project
report will include a current market analysis. What does this entail? Will it
include hiring a professional and increasing project costs?
S. Regarding the County's Long Term Affordability policy—The Equity sharing
formula could use some revisions in order to make it fairer. First,the County
might consider subordinating its Deed of Trust to a homeowner who wants to
borrow money to make improvements to their home. It is in all of our interest
that homes built or rehabbed with public funds are maintained
as
a. Secondly,I do not think its fair that the County should receive 50%
of the entire equity in the home if a homeowner sells their home to
someone earning more than 80%of median income. The County
should only receive a percentage of the appreciation, The
homeowner should be allowed to retain whatever amount of the
mortgage they paid down.
b. The percentage of appreciation shared with the County should be
less than 50%if the County only provided 10%of the costs of the
home originally. Perhaps a schedule could be developed whereby
the County's share of appreciation increases as the County's funding
increases. For example:
• If a home has$10,000 or less in subsidy,then the homeowner earns 75%of
the appreciation.
• If a home has more than$10,000 of subsidy,then the homeowner only earns
505/o of the appreciation.
Tara,thank you again for the opportunity to provide comment to the proposed policy.
Thanks also to the members of AHAB.
Please call me at 967-1545 if you have any questions about these comments.
Sincerely,
Robert Dowling
Executive Director
Affordable Rentals. Inc
109 N. Graham Street, Suite 101, Chapel Hill, NC 27516
Orange County Housing/Community Development Dept.
Afton able Housing Advisory Board
Brian Crawford, Chair
Box 8181
Hillsborough, NC 27278
Attn:Tara Fikes, Dir.
RE: Response to Housing Bond Policy Proposed Revision:August,2002
Dear Mr.Crawford:
Thank you for the opportunity to respond to AHAB's proposed revision ofthe Bond Policy.
Affordable Rentals, Inc. is a non profit organization which seeks to expand the availability of rental units in the
County for families whose income is between 30-50%ofthe area median income. We buy, rehab,construct,and
manage family rentals in cooperation with other local nonprofits.Our funding strategy leverages loans from below
market lenders with public funding.
We believe the Bond Policy revision is a big step forward in following up on a central recommendation ofthe
Commissioners'Affordable Housing Task Force-Report(which several of our Board were involved in), namely,
addressing the severe lack of affordable rentals.The proposed pooling strategy,and the 40%allocated for rental
housing is a creative avenue for dealing with this aspect ofthe housing problem.The other pooling components
guarantee other necessary and useful options to deal with housing issues.
We also thinkthat the proposed changes in proposal review and project monitoring provides an apt mix of citizen and
expert assessments.This will help select and move good projects forward to the desired purpose of all of us,affordable
housing opportunities for County residents.
We appreciate your consideration of our views.
Sincerely,
Nancy Milio
President and Chair,AR Inc.
Alex Asbun,
Executive Director
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