PURCHASE AREA DEVELOPMENT DISTRICT BOARD OF DIRECTORS MEETING AGENDA AND TABLE OF CONTENTS January 26, 2015 I. INTRODUCTION II. OLD BUSINESS A. Minutes of the December 15, 2014 Meeting ............................................................................1 III. B. Budget Summary for October 2014 ..........................................................................................8 C. Personnel & Finance Committee Report ..................................................................................9 NEW BUSINESS A. Administration ...............................................................................................................10 B. Guest Speaker: Mr. Darrell Link, Executive Director Kentucky Council of Area Development Districts C. Standing Committee Reports 1. Aging Committee a. Resolution to Recognize Indirect Cost Requirements ............................................16 b. Aging Services Report: PADD Unduplicated Persons Served ...............................18 c. Aging Services Report: Subcontracted Unduplicated Persons Served ...................19 d. Upcoming Meeting Notice: Purchase Area Mental Health & Aging Coalition .....20 e. Aging Program Monthly Reports i. Consumer Directed Options Program ............................................................21 ii. Title III-B: Legal Services Monthly Report...................................................23 iii. SAMS Report: Aging Services by County ....................................................24 iv. Title III Nutrition (Meals by County) ............................................................41 v. Long-Term Care Ombudsman Report ...........................................................43 vi. Personal Care Attendant Program .................................................................44 vii. Senior Community Service Employment Program........................................46 viii. State Health Insurance Program.....................................................................47 ix. Title III-E Family Caregiver Program ...........................................................48 x. Kentucky Caregiver Program ........................................................................49 xi. Health Benefits Exchange Program ...............................................................50 C. 2. Regional Transportation Committee a. Minutes of the December 10, 2014 Committee Meeting ........................................51 b. Section 5310 Funding Availability .........................................................................53 3. Community and Economic Development Committee a. KY Chamber of Commerce Report ........................................................................55 b. Kentucky Intergovernmental Review Process ........................................................70 Advisory Council/Task Force/Board Reports 1. Commodity and Food Bank Task Force ..........................................................................73 2. Child Care Advisory Council...........................................................................................74 D. 3. Water Management Council ............................................................................................75 4. Business Lending a. Loan Request Approval: Freeman Dental, PLLC ...................................................76 b. Loan Portfolio Overview ........................................................................................77 5. West Kentucky Workforce Investment Board a. Upcoming Meeting Notice: West KY Workforce Investment Board .....................83 b. Workforce Innovation & Opportunity Act Regional Stakeholder Session .............84 c. 2014 Performance Year Measurements ..................................................................85 b. Obligated Dollars by Training Facility Report .......................................................86 6. Human Services Council Program Implementation / Corporation Reports 1. Purchase Area Housing Corporation a. KY Housing Authority’s Houseworks Repair Program .........................................87 b. KY Housing Authority’s Housing Contract Administration ..................................95 2. E. IV. Jackson Purchase Local Officials Organization Executive Director Announcements ADJOURNMENT PURCHASE AREA DEVELOPMENT DISTRICT BOARD OF DIRECTORS MEETING December 15, 2014 The Purchase Area Development District Board of Directors met on Monday, December 15, 2014 at 3:00 p.m. in the conference room of the PADD office. Board members in attendance, asterisk denotes absence: Ballard Judge/Executive Vickie Viniard, Vice Chairman* Mayor Lynn Hopkins* Clyde Elrod Calloway Judge/Executive Larry Elkins Mayor Bill Wells Joe Bolin Sue Outland Matt Mattingly Graves Judge/Executive Tony Smith Mayor Teresa Rochetti-Cantrell, Secretary Mayor Charles Shelby* Don Simpkins Pete Galloway Hickman Judge/Executive Greg Pruitt Mayor Tommy Kimbro* Nancy Pruitt* Carlisle Judge/Executive Greg Terry, Chairman Nancy Henley Bill Fraser Marshall Judge/Executive Mike Miller* Mayor Steve Cary* John Ward, proxy for Mayor Lynn Jones Melonie Chambers* Fulton Judge/Exec David Gallagher Cubb Stokes, proxy for Mayor Elaine Forrester Johnny McTurner, proxy for Mayor David Lattus Tommy Hodges, proxy for James O. Butts McCracken Judge/Executive Van Newberry, Treasurer* Josh Sommer, proxy for Mayor Gayle Kaler Frances Hamilton Arthur Boykin Lee King Pam Wright Doug Harnice* Guests Present: Kenny Wilson, Hickman County Judge Elect Chris Wooldridge, MSU Mark Manning, Murray Calloway Economic Sheila Clark, West Ky WIB Development Doug Taylor, KYTC Representative Richard Heath Jesse Perry, Graves County Judge Elect Troy Courtney, Career Solutions Community Martie Wiles, Senator McConnell office Jerry Cloyd, Rural Development Danny Carroll, State Senate District 2 Elect Jim Martin, Fulton County Judge Elect Chris Sutton, Peel and Holland Dee Felts, Paducah Christina Peterson, Senator Paul Office Janice Everett, Congressman Whitfield office Eddie Crittenden, Fulton County Economic Development Purchase ADD: January 26, 2015 Page 1 I. CALL TO ORDER Chairman Greg Terry called the meeting to order at 3 p.m. by introducing the proxies and guests. Chairman Terry shared the news of Marshall County Judge/Executive Mike Miller’s passing and asked for a moment of silence. II. OLD BUSINESS A. Chairman Terry asked for approval of the November 17, 2014 Board meeting minutes. Mr. Bill Fraser moved for the approval, Mayor Bill Wells seconded and the motion passed unanimously. B. Next, Chairman Terry called on Mr. Andy Bennett who summarized the Budget-toExpense Report for the month ending October 2014. C. Chairman Terry called on Mayor Teresa Rochetti-Cantrell for the Personnel and Finance Report. Mayor Cantrell reported that the Personnel and Finance Committee met at 2 p.m. on December 15th, 2014, and reviewed the Executive Director’s monthly travel voucher and timesheet, the office credit card bill, and the twelve page monthly budget-to-expense report. No new contracts were reviewed for the month of December. Next, Mayor Rochetti-Cantrell called on Mr. Andy Bennett to discuss a 401(a) plan. Mr. Bennett explained the new 401(a) match plan available through Nationwide Financial Services, Inc. and the PADD is asking the PADD board to approve a resolution to accept the new plan. Mayor Rochetti-Cantrell on behalf of the Personnel and Finance Committee made a motion to approve the resolution that was presented to the PADD board and allow the PADD to adopt the 401(a) match plan available through Nationwide Finance Services, Inc., Mr. Joe Bolin seconded and the motion passed unanimously. In conclusion, Mayor Rochetti-Cantrell was pleased to announce that the Personnel & Finance Committee was able to approve salary increases this year for the first time since 2010. It was a modest increase, not exceeding 2% of total salary costs, but it is a small acknowledgement of the excellent work done here by the PADD staff during tough financial times. III. NEW BUSINESS A. Administration Chairman Terry called on Mr. Clyde Elrod to report on the PADD Nominating Committee. Mr. Elrod began by stating that the Nomination Committee, made up of Frances Hamilton, Judge/Executive Larry Elkins, and himself, met on Tuesday, December 2nd, 2014, at the PADD office. After a review of current PADD officers and committee chairmen, as well as a review of the full PADD board membership, the committee approved to recommend to the board Mr. Arthur Boykin, a McCracken County Citizen Member, for the office of PADD Board Treasurer, effective January 1st, 2015. Purchase ADD: January 26, 2015 Page 2 Mr. Elrod made the motion to approve the presented slate for the office of PADD Treasurer, to be effective January 1st, Mr. Bill Fraser seconded and the motion passed unanimously. B. Guest Speaker Chairman Terry introduced the guest speaker, Representative Steven Rudy who shared some of the items on the upcoming 2015 Legislative Agenda. C. STANDING COMMITTEE REPORTS 1. AGING COMMITTEE Chairman Terry called on Ms. Lee King for the Aging Committee report. Ms. King then called on Ms. Jennifer Beck Walker to report on several of the on-going and recent concerns and to announce a career opportunity in the Aging Department. Ms. Walker shared information about recent correspondence between the Cabinet for Health and Family Services and the PADD. The Cabinet proposed amendments in the aging regulations that the PADD has been operating under for years. The Cabinet had marked out all reference to Area Development Districts and removed some other requirements that could impact local senior service delivery. The 15 area development districts drafted a letter and sent it to the Cabinet to request a hearing on the proposed regulation. Majority Floor Leader Rocky Adkins submitted a letter to the Cabinet on November 25, 2015, and Chairman Greg Terry also submitted a letter and a copy of both letters were sent to all PADD board members and was included in the meeting packet. The Commissioner provided a response stating that DAIL’s intent was to clean up the regulations and no intentions were to remove the ADD districts from the regulations. Also, Ms. Walker reminded everyone how invoicing and payment procedures had changed in recent years, including the loss of the advance funds the Cabinet used to provide so the PADD could pay the subcontractors as quickly as possible. Ms. Walker continued by stating that the PADD had thus far been able to continue to pay invoices from its subcontractors while waiting on reimbursement from the Cabinet. Ms. Walker stated she was pleased to announce that as of Monday, December 15th, the PADD went from $400,000 in accounts receivable to $29,000 in accounts receivable. She noted the ADDs were concerned about the significant changes at the Cabinet and would keep the board and Legislators aware of all issues. She also noted that the 15 ADD’s had hired a consultant, Mr. Bob Lloyd, who previously worked with the Office of Management and Budget in Washington D.C. and currently works as a national consultant, to advise them on issues relating to the new Federal Register Supercircular. Next, Ms. Walker announced Vicki Williams is retiring on December 31, 2015 after 21 years of service at the PADD. Everyone congratulated Ms. Williams on her retirement. Ms. King, reported that the number of unduplicated eligible consumers served by programs operated within the PADD Area Agency on Aging and Independent Living in October 2014, and the total number of unduplicated eligible persons served through each provider agency in October 2014 were listed in the handout packet and in the online packet as well. Purchase ADD: January 26, 2015 Page 3 Next, Ms. King announced that the next Aging Committee meeting is scheduled for Wednesday, December 17, 2014 at the PADD office at 9:30 am. Ms. King shared that the Survey of Needs for Older Adults was posted on the PADD website and staff thanked everyone who has responded to the survey. The AAA is currently working to add the copies received by hard copy into the database and will have a report shortly. This survey is one method used to help prioritize the needs in the district as determined by the targeted populations. Ms. King asked if they had not taken the survey, to please go to the PADD website to do so. If a hard copy was needed please call on the aging staff at the PADD. In conclusion, Ms. King reported that the program activity reports for each service provided are available on the PADD website. 2. REGIONAL TRANSPORTATION COMMITTEE Chairman Terry called on Mr. Mark Davis for the Regional Transportation Committee report. Mr. Davis reported that the transportation committee met on Wednesday, December 10th at the PADD office and Mr. Charlie Spalding from Kentucky Transportation Cabinet’s office of planning was the guest speaker. Mr. Spalding discussed the KYTC Long Range Plan, planning document that was recently released to the public. The committee also heard updates from the executive directors of some of the multimodal locations in the region. This included the Paducah-McCracken Riverport and Barkley Regional Airport. Officials from Fulton County Transit also addressed the committee about the efforts and plans to make improvements to the Amtrak station in Fulton. Mr. Davis continued and shared that the Kentuckians for Better Transportation will have the annual conference on January 21st thru January 23rd, 2015. This year’s conference will be held at the Marriott Griffin Gate in Lexington. Registration can be completed online at www.kbtnet.org In conclusion, Mr. Davis reported that the PADD transportation staff is planning for the upcoming 2015 prioritization process of the Unscheduled Needs List. Starting in January, staff will begin contacting the counties and cities to schedule local prioritization meetings to obtain input for the local rankings for each of the 8 counties and the three Federal Highway designated urban areas of Mayfield, Murray and Paducah. The current list of Unscheduled Needs is available in the online packet. 3. COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Chairman Terry called on Judge Greg Pruitt for the Community and Economic Development Committee report. Judge Pruitt stated that the 2015 Land and Water Conservation Fund application process is now open. Land and Water Funds can be used to develop parks, buy recreation equipment, and acquire land for natural recreation areas and other recreation activities. Communities can apply for up to $75,000 from this program. The grant does require a 50/50 match of funds. The deadline for applications is April 20, 2015 and the full application form can be found on Department for Local Government website. All questions and assistance needed was directed to Brad Davis or Jeremy Buchanan. Next, Judge Pruitt announced that that application process has also opened for the 2015 Recreational Trails Program. This program can be used by a city or county to develop or Purchase ADD: January 26, 2015 Page 4 maintain recreational trails or trailhead facilities. Eligible trails include both motorized and non-motorized use. This program is also administered by Department for Local Government and the full application is on their website. The maximum grant amount is $100,000. The match is 50/50 for non-motorized projects, and 80/20 for motorized ones. Again, all questions and needed assistance was directed to Brad Davis and Jeremy Buchanan. Judge Pruitt continued and shared that on December 3rd, the governor announced projects that are funded under the 2014 Land and Water and Recreational Trail programs. There were 34 projects announced, totaling approximately $1.8 million funding In the Purchase, the City of Paducah received $75,000 in LWCF funding to assist with Phase I of the 14th Street Park Development. Judge Pruitt asked everyone to join him in congratulating the City of Paducah on receiving the grant. In conclusion, Judge Pruitt shared that in the handout packet there is a list of projects submitted to the state clearinghouse in November. C. ADVISORY COUNCIL/TASK FORCE/BOARD REPORTS 1. COMMODITY AND FOOD BANK TASK FORCE Chairman Terry called on Mr. Brad Davis for the Commodity and Food Bank Program. Mr. Davis began by stating the figures for the month of November. The Commodities and Supplemental Food Program (CSFP) disbursed 50,532 lbs. of commodities to 1525 seniors monthly in the 8 counties of the purchase. The Emergency Food Assistance Program (TEFAP) disbursed 68,456 lbs. of commodities to 3,296 households and 3,870 meals through one soup kitchen. Next, Mr. Davis shared that the Food Bank Program disbursed 98,011 lbs. of commodities to approximately 4,896 households plus served 4,986 meals through 2 soup kitchens. Mr. Davis reported that through all three programs, a total of 216,999 pounds had been distributed in the November 2014. In conclusion, Mr. Davis reported that the Backpack program is currently serving 417 students in 15 schools. 2. CHILD CARE ADVISORY COUNCIL Chairman Terry called on Ms. Frances Hamilton for the Child Care Aware report. Ms. Hamilton began by sharing that in November, the Child Care Aware staff offered technical assistance to 80 providers and 2 potential independent trainers. In conclusion, Ms. Hamilton shared that the CCA staffs also met with 4 collaborative partners and provided 2 individual with a Getting Started Consultation to guide them through the process of starting a child care center or home. 3. WATER MANAGEMENT COUNCIL Chairman Terry called Judge Larry Elkins for the Water Management Council report. Judge Elkins shared that PADD staff have recently finished the water and waste water Purchase ADD: January 26, 2015 Page 5 project ranking based on the guidance provided by the Kentucky Infrastructure Authority. These rankings were approved by the Water Management Council on December 2nd. The board meeting handout packet included the rankings. Kentucky Infrastructure Authority requires that the Board approve these water and wastewater priorities. Judge Elkins made the motion for the PADD Board of Directors to approve the 2015 priorities as presented, Ms. Sue Outland seconded and the motion passed unanimously. 4. BUSINESS LENDING REPORT Chairman Terry called on Ms. Marta Elliott for the Business Lending Report. Ms. Elliott began the report by stating that at the SBA KY Lender’s Conference in November, the PADD was recognized as one of the Top Performing Certified Development Companies in Kentucky. In 2014, the PADD had 7 SBA 504 loans with the Community Ventures with 10 loans and Capital Access with 11 loans. Ms. Elliott shared that since the last board meeting, two new loans were approved to ACE Compressor Parts & Services located in Mayfield, KY, which included a $68,000 EDA-Recap loan and $50,000 SBA-Microloan. The funds will be used to purchase three new pieces of equipment that will allow them to expand by hiring an additional three new full-time employees. Next, Ms. Elliott reported that a loan approved was an $118,000 SBA 504 loan to The Paducah Cigar and Tobacco Company LLC located in Paducah, KY. The proceeds will be used to purchase a 5,000 square foot building in downtown Paducah. Paducah Bank is providing 50% of the financing with a $159,494 loan. This expansion will create 2 new full-time jobs. Ms. Elliott presented the two loans and with no questions being asked concerning the SBA project, the PADD Board of Directors must affirm the SBA 504 loans approved by the Loan Review Committee by passing a Resolution allowing the PADD to accept the gross loan amount on the portfolio; so therefore Mr. Clyde Elrod made the motion to affirm the Loan Review Committee’s decision to approve the loan to “The Paducah Cigar & Tobacco Company”, by passing the Resolution, and Judge David Gallagher seconded and it passed unanimously. In conclusion, Ms. Elliott shared that all detailed information on current loan portfolio and other materials can be found in the online board packet on the PADD website. 5. WORKFORCE INVESTMENT BOARD REPORT Chairman Terry called on Mr. Clyde Elrod for the Workforce Investment Board Report. Mr. Elrod called on Ms. Sheila Clark for an update on the Workforce Innovation and Opportunities Act (WIOA) and the timeline that will occur during the next six months as each of the Local Workforce Investment Boards, along with the Kentucky Workforce Investment Board adopts new policies and resolutions supporting the transition to the new Act. In conclusion, Mr. Elrod also shared that there are 191 individuals enrolled in postsecondary training with an obligated cost of $1.3 million. 6. HUMAN SERVICES No report Purchase ADD: January 26, 2015 Page 6 D. PROGRAM IMPLEMENTATION/CORPORATION REPORTS 1. PURCHASE AREA HOUSING CORPORATION Chairman Terry called on Mr. Matt Mattingly for the Purchase Area Housing Corporation report. Mr. Mattingly began by stating that the Department of Housing and Urban Development has a special initiative called the Challenge to End Veterans Homelessness The Kentucky Housing Corporation is working with HUD to provide housing vouchers to homeless veterans to communities that sign-on to this challenge. There are also some materials in the on-inline packet hat will help provide additional resources to homeless veterans. Mr. Mattingly, continued to share that all information refers to this program as a Mayor’s Challenge, but counties are welcome to participate also. In the Purchase, Marshall County is the only community sign up for the project. No resolution is required just send an email of support to [email protected]. All questions were directed to Mr. Brad Davis. 2. E. JACKSON PURCHASE LOCAL OFFICIALS ORGANIZATION No report ANNOUNCEMENT Chairman Terry called on Ms. Jennifer Beck Walker for announcements. Ms. Walker shared that the PADD office will be hosting a breakfast on January 13th at 8:30 a.m. at the PADD office for the New Local Elected Officials and the Veteran Local Elected Officials. Next, Ms. Walker announced that the Kentucky Council of Area Development Districts (KCADD) will be holding their Legislative Breakfast on Thursday, January 8th, at 7:30 a.m.in the Capitol Annex cafeteria. Following the breakfast, a KCADD board meeting will be held in room 111 with Chairman Terry and Judge/Executive Vickie Viniard as the PADD’s voting representatives on that board. Finally, Ms. Walker noted that the next PADD board of directors meeting will be held on Monday, January 26th, at 3:00 p.m. and closed by inviting all those present to stay for a Christmas BBQ dinner. IV. ADJOURNMENT Judge David Gallagher motioned to adjourn and Mr. Arthur Boykin seconded, and the motion passed unanimously. __________________________________ Chairman, Judge/Executive Greg Terry ___________________________________ Secretary, Mayor Teresa Rochetti-Cantrell Purchase ADD: January 26, 2015 Page 7 PURCHASE AREA DEVELOPMENT DISTRICT BUDGET TO EXPENSE SUMMARY FOR THE MONTH ENDING NOVEMBER 2014 Joint Funding Administration Aging Consumer Directed Options Child Care Commodity & Food Bank Workforce Physical Planning Housing Business Lending Finance Community Projects Purchase Area Housing Corporation FY 2015 Budget 210,554.00 1,021,146.00 670,000.00 147,746.00 317,268.00 1,204,817.00 418,654.00 42,500.00 227,604.00 36,430.00 97,186.00 6,000.00 % Budget FY 2015 Expended Expense (STD = 41.66%) 69,618.60 33.06% 348,773.44 34.16% 299,548.09 44.71% 48,939.39 33.12% 153,986.26 48.54% 363,448.48 30.17% 154,864.66 36.99% 35,692.32 83.98% 72,881.55 32.02% 11,994.20 32.92% 65,239.56 67.13% 3,745.84 62.43% TOTAL 4,399,905.00 1,628,732.39 37.02% Purchase ADD: January 26, 2015 Page 8 January 2015 PADD Contract List Dates: Amount: FY 2015 Job Driven “KCCGO!” (Kentucky Career Center Get Opportunity) National Emergency Grant West Kentucky Workforce Investment Board Commonwealth of Kentucky, Education and Workforce Cabinet, Department of Workforce Investment, Office of Employment and Training December 1, 2014 to June 30, 2015 $10,057.00 2. Contract: Contractor: Funding Source: Dates: Amount: iwis CDBG Administration Contract Murray-Calloway Economic Development Corporation Local/CDBG January 1, 2015 to June 30, 2106 $35,000.00 3. Contract: Purchase Area Regional Industrial Authority Administration Purchase Area Regional Industrial Authority Local January 1, 2015 to December 31, 2015 $60,000.00 1. Contract Name: Contractor: Funding Source: Contractor: Funding Source: Dates: Amount: Purchase ADD: January 26, 2015 Page 9 Purchase Area Development District Security Policy Effective Date: January 1, 2015 Effective security is a team effort involving the participation and support of every Purchase Area Development District (PADD) employee and affiliate who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines, and to conduct their activities accordingly. These rules are in place to protect the employee and the PADD. Inappropriate use exposes the PADD to risks of virus attacks, compromise of network systems and services, and legal issues. This policy applies to the use of information, electronic and computing devices, and network resources to conduct PADD business or interact with internal networks and business systems, whether owned or leased by PADD, the employee, or a third party. All employees, contractors, consultants, temporary, and other workers at PADD and its subsidiaries are responsible for exercising good judgment regarding appropriate use of information, electronic devices, and network resources in accordance with PADD policies and standards, and local laws and regulation. Appropriate measures must be taken when using workstations to ensure the confidentiality, integrity and availability of sensitive information, including protected health information (PHI) and that access to sensitive information is restricted to authorized users. Employees using workstations shall consider the sensitivity of the information, including PHI that may be accessed and minimize the possibility of unauthorized access. Employees with access to PHI shall ensure their workstations are used for authorized business purposes only. Employees with access to PHI shall exit all running applications and close open documents before securing their workstation when leaving their area to prevent unauthorized access. Securing Workstations All computing devices must be secured with a password-protected screensaver with the automatic activation feature set to 10 minutes or less. You must lock the screen ( Windows Logo Button + L on your keyboard) or log off when the device is unattended. User ID and Password Guidelines Your User ID and Password are an important deterrent to intrusion … the first and sometimes only line of defense protecting PADD resources. Each user is responsible for every action initiated by that account. All passwords should meet or exceed the following guidelines Strong passwords have the following characteristics: Contain at least 8 alphanumeric characters. Contain at least one number (for example, 0-9). Contain at least one special character (for example,!$%^&*()_+|~-=\`{}[]:";'<>?,/). Purchase ADD: January 26, 2015 Page 10 Poor, or weak, passwords have the following characteristics: Contain less than eight characters. Can be found in a dictionary, including foreign language, or exist in a language slang, dialect, or jargon. Contain personal information such as birthdates, addresses, phone numbers, or names of family members, pets, friends, and fantasy characters. Contain work-related information such as building names, system commands, sites, companies, hardware, or software. Contain number patterns such as aaabbb, qwerty, zyxwvuts, or 123321. Contain common words spelled backward, or preceded or followed by a number (for example, terces, secret1 or 1secret). Are some version of “Welcome123” “Password123” “Changeme123” You should never write down a password. Instead, try to create passwords that you can remember easily. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase, "This May Be One Way To Remember" could become the password TmB1w2R! or another variation. (NOTE: Do not use either of these examples as passwords!) Users must not use the same password for PADD accounts as for other non-PADD access. Passwords must not be shared with anyone. All passwords are to be treated as sensitive, confidential PADD information. Passwords must not be inserted into email messages or other forms of electronic communication. Do not reveal a password on questionnaires or security forms. Passwords should not be stored in Internet browsers. Do not share PADD passwords with anyone except supervisors, including co-workers or family members. Do not write passwords down and store them anywhere in your office. Do not store passwords in a file on a computer system or mobile device (phone, tablet) without encryption. Any user suspecting that his/her password may have been compromised must report the incident and change all passwords. Software Installation To avoid the exposure of sensitive information contained within PADD’s computing network, the risk of introducing malware, and the legal exposure of running unlicensed software, employees may not install software on computing devices operated within the PADD network or belonging to the PADD. Software requests must be first approved by the direct supervisor and Assistant Director then made to IT staff. All software requests must comply with national, Purchase ADD: January 26, 2015 Page 11 international, and commercial software license laws along with PADD security policies regarding proper acquisition, use, duplication and distribution of copyrighted software Virus Prevention Antivirus software should be running on your system at all times. NEVER open any files or macros attached to an email from an unknown, suspicious or untrustworthy source. Delete these attachments immediately then ‘double-delete’ by emptying your Trash. Never download files from unknown or suspicious sources. Avoid direct disk sharing with read/write access unless there is absolutely a business requirement to do so. Always scan a removable device from an unknown source for viruses before using it. Backup critical data on a regular basis and store the data in a safe place. Immediately notify IT staff if a virus is suspected. Do not attempt to eradicate a virus or use the affected machine until IT staff have been notified so the problem can be addressed. Internet Services Capabilities for the following standard Internet services will be provided to users as needed: E-mail -- Send/receive E-mail messages to/from the Internet (with or without document attachments). Navigation -- WWW services as necessary for business purposes, using a hypertext transfer protocol (HTTP) browser tool. Full access to the Internet. File Transfer Protocol (FTP) -- Send data/files and receive in-bound data/files, as necessary for business purposes. Telnet -- Standard Internet protocol for terminal emulation. Management reserves the right to add or delete services as business needs change or conditions warrant. All other services will be considered unauthorized access to/from the Internet and will not be allowed. If sensitive information is sent via the Internet or other unsecured media transmission facility, the information must be sent encrypted. Bandwidth both within the company and in connecting to the Internet is a shared, finite resource. Users must make reasonable efforts to use this resource in ways that do not negatively affect other employees. Purchase ADD: January 26, 2015 Page 12 Only access Internet websites and protocols that are deemed inappropriate for PADD’s business environment. The following protocols and categories of websites should be avoided: Adult/Sexually Explicit Material and Chat & Instant Messaging. Portable Devices, Media and Cloud Services The PADD discourages the placement (download, copy, or input) of confidential data on portable devices. Storage on such devices is permitted only if the following requirements have been satisfied: Use is restricted to specific individuals requiring such data to perform their job duties; Storage is for a limited, defined period of time as required to perform specific job duties; Approval has been obtained by the system/data owner for such; Information should be abbreviated, if possible, to limit exposure (i.e. last 4 of SSN); and Sensitive data has been encrypted. Unencrypted storage of confidential data on portable devices, media, and/or cloud services is strictly prohibited. Mobile Devices Mobile devices such as smart phone and tablets offer great flexibility and improved productivity for employees. However, they can also create added risk and potential targets for data loss. As such, their use must be in alignment with appropriate standards and encryption technology should be used when possible. The loss or theft of any mobile device containing PADD data must be reported immediately to IT staff. If your PADD email account is setup on your personal smartphone and/or you have PADDrelated data on your personal smartphone, you must have Auto-lock enabled (1 minute) with a passcode enabled and it must not be jailbroken or rooted. Voicemail Voicemail boxes may be issued to PADD personnel who require a method for others to leave messages when they are not available. Voicemail boxes must be protected by a password which must never be the same as the last four digits of the telephone number of the voicemail box. Voicemail passwords, like computer passwords, must not be shared with anyone. All passwords are to be treated as sensitive, confidential PADD information. Purchase ADD: January 26, 2015 Page 13 Keyless Entry System Any keyless entry cards that are lost must be immediately reported to IT Staff to avoid any potentially unauthorized access to the building. The lost key will be deactivated and a new key will be issued. If the lost key is found, please return it to IT Staff. Employee Status Changes Communicate both employee and non-employee terminations and status changes immediately to ensure proper deletion/revision of user access. Backup Onsite backup will be performed in machine readable format in the event operating data is lost, damaged, or corrupted and to avoid having to reenter the data from source material. Offsite backup designed for longer term protection will be in a more sterile format and provide protection against threats potentially damaging to primary site and data. Security Incident Handling Keep a log of pertinent information during security incidents that are under investigation, including action taken. Inform appropriate personnel (i.e. IT Staff, Executive Director, Assistant Directors, Finance). Release of information during a security incident must be authorized by the Executive Director or Assistant Director. Follow-up analysis – after an incident has been fully handled and all systems are restored to normal mode of operation, a follow-up analysis should be performed. All involved parties should meet and discuss the actions taken and lessons learned. All existing procedures should be evaluated and modified as needed. For incidents involving deception and fraud, additional notification may include police department and others depending upon severity of the incident at the discretion of the Executive Director. Following activities are strictly prohibited: - Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by PADD. Purchase ADD: January 26, 2015 Page 14 -Accessing data, a server or an account for any purpose other than conducting PADD business, even if you have authorized access, is prohibited. -Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). -Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. - Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). Purchase ADD: January 26, 2015 Page 15 PURCHASE AREA DEVELOPMENT DISTRICT BOARD OF DIRECTORS A Resolution to Recognize Indirect Cost Requirements WHEREAS The Office of Management and Budget, 2 CFR Chapter I, Chapter II, Part 200, et al. Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards, was made effective December 26, 2014, in an effort to streamline the Federal government’s guidance for federal awards. WHEREAS The objective is to “ease administrative burden and strengthen oversight over Federal funds to reduce risks of waste, fraud and abuse.” WHEREAS The goals are to 1. Eliminate duplicative and conflicting guidance; 2. Focus on performance over compliance for accountability; 3. Encourage efficient use of information technology and shared services; 4. Provide for consistent and transparent treatment of costs; 5. Limit allowable costs to make the best use of federal resources as related to conference spending, morale costs, relocation costs, etc.; 6. Set standard business processes using data definitions; 7. Encourage non-federal entities to have family friendly policies; 8. Strengthen oversight by requiring Federal agencies and pass-through entities to review risk prior to making an award, requiring disclosures conflict of interest, relevant criminal violations, etc.; 9. Target audit requirements on Risk of Waste, Fraud and Abuse. WHEREAS This federal directive identifies the calculation of Indirect Costs for local Units of Government. Purchase ADD: January 26, 2015 Page 16 WHEREAS Indirect Costs are recognized as those that have been incurred for common or joint purposes and benefit more than one cost objective and cannot be readily identified with a particular final cost objective without effort disproportionate to the results achieved. It is a “device for determining in a reasonable manner the proportion of indirect costs each program should bear.” NOW, THEREFORE, BE IT RESOLVED THAT the Purchase Area Development District recognizes and commits to adhering to the OMB 2 CFR Chapter I, and II, Part 200 of The Federal Register governing indirect cost allocation plans. BE IT FURTHER RESOLVED that all contracts entered into with state and federal partners will accept costs incurred in accordance with the cost allocation plan as formulated by Purchase Area Development District based on the principles OMB 2 CFR. PASSED AND ADOPTED this __________ day or ________________________, 2015/ _____________________________________________ Board Chairman ATTEST: ______________________________________________ Board Secretary Purchase ADD: January 26, 2015 Page 17 Purchase ADD: January 26, 2015 Page 18 Purchase ADD: January 26, 2015 Page 19 Purchase ADD: January 26, 2015 Page 20 Purchase ADD: January 26, 2015 Page 21 Purchase ADD: January 26, 2015 Page 22 Purchase ADD: January 26, 2015 Page 23 Purchase ADD: January 26, 2015 Page 24 Purchase ADD: January 26, 2015 Page 25 Purchase ADD: January 26, 2015 Page 26 Purchase ADD: January 26, 2015 Page 27 Purchase ADD: January 26, 2015 Page 28 Purchase ADD: January 26, 2015 Page 29 Purchase ADD: January 26, 2015 Page 30 Purchase ADD: January 26, 2015 Page 31 Purchase ADD: January 26, 2015 Page 32 Purchase ADD: January 26, 2015 Page 33 Purchase ADD: January 26, 2015 Page 34 Purchase ADD: January 26, 2015 Page 35 Purchase ADD: January 26, 2015 Page 36 Purchase ADD: January 26, 2015 Page 37 Purchase ADD: January 26, 2015 Page 38 Purchase ADD: January 26, 2015 Page 39 Purchase ADD: January 26, 2015 Page 40 Purchase ADD: January 26, 2015 Page 41 Purchase ADD: January 26, 2015 Page 42 Purchase ADD: January 26, 2015 Page 43 Purchase ADD: January 26, 2015 Page 44 Purchase ADD: January 26, 2015 Page 45 Purchase ADD: January 26, 2015 Page 46 Purchase ADD: January 26, 2015 Page 47 Purchase ADD: January 26, 2015 Page 48 Purchase ADD: January 26, 2015 Page 49 Purchase ADD: January 26, 2015 Page 50 Purchase ADD: January 26, 2015 Page 51 Purchase ADD: January 26, 2015 Page 52 Purchase ADD: January 26, 2015 Page 53 Purchase ADD: January 26, 2015 Page 54 Purchase ADD: January 26, 2015 Page 55 December 23, 2014 by Paul Coomes, Ph.D. senior consulting economist for the Kentucky Chamber of Commerce [email protected] and Emeritus Professor of Economics, University of Louisville [email protected] 502.608.4797 an analysis of the latest state and county‐level employment and wage data from the US Bureau of Labor Statistics Recovery from the Last Recession: How Kentucky’s Nine Regional Economies Performed 1 Purchase ADD: January 26, 2015 Page 56 The county‐level data analyzed here come from the US Bureau of Labor Statistics, Quarterly Census of Employment and Wages program. The program covers nearly all economic activity, and is based on employer filings for unemployment insurance. It excludes self‐employed persons, military personnel, domestic workers, and unpaid family members. Estimates for the months and quarters of 2014 are preliminary. See www.bls.gov/cew/cewover.htm 2 Kentucky as a whole added jobs (5.6 percent) at a slower clip than the US (6.3 percent), but surpassed the growth rate of all border states except Tennessee and Indiana. Kentucky has added manufacturing jobs at over twice the rate seen nationally. And manufacturing average pay in Kentucky has grown faster than the US or any border state. Average pay per job continues to be an economic development challenge across Kentucky, with all except the Northern Kentucky and Paducah‐Purchase regions posting slower growth than the United States. Average pay in the Northern Kentucky region grew by 17 percent, while there was only a 1 percent growth in pay in the Mountain region. However, seven of the nine Kentucky regions had stronger growth in manufacturing pay than the US. In terms of wages and salaries, four of the regions grew by 17 percent or more. However, payrolls declined in the Mountain region by 11 percent; the Ashland region grew by only 3 percent. The Louisville, Northern Kentucky, and Bowling Green‐Hopkinsville regions led the way in growth of manufacturing jobs. The Paducah‐Purchase region has lost manufacturing jobs. The Louisville, Lexington, and Bowling Green‐Hopkinsville regions had the highest growth rates in total jobs, surpassing the national average. The Mountain and Ashland areas have fewer jobs than they did five years ago. Using commuting patterns and television market areas to determine nine economic regions in Kentucky, Coomes organized just‐released county‐level data on jobs and wages through mid‐ 2014 to examine economic growth since the last recession. Main Findings Purchase ADD: January 26, 2015 Page 57 ‐5,000 0 Muhlenberg Knox Pendleton Owsley Elliott McLean Whitley Monroe Casey Rockcastle Washington Oldham Hancock Logan Calloway Simpson Campbell Taylor Franklin Hardin Total statewide job growth is 97,000. Fifty counties have fewer jobs than they did five years ago. Allen Daviess, Franklin, Christian, Shelby Metcalfe Warren, Bullitt, Madison, Hardin, Scott Lawrence 5,000 Lee Boone Green 10,000 Ohio Fayette Fulton 15,000 Greenup 20,000 Wayne 25,000 Johnson Jefferson Bell 30,000 Warren Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages, from June 2009 to June 2014. Net Job Growth Since Last Recession, by Kentucky County Boyd 35,000 Jefferson 3 Looking at the individual counties, one can see that job growth has been concentrated primarily in the most populated counties. Forty‐five percent of job growth statewide occurred in just two counties – Jefferson and Fayette. Ten counties accounted for 86 percent of statewide growth. Fifty counties, mostly rural, on net lost jobs over the past five years. Harlan Cumberland Fleming Lewis Garrard Mercer Purchase ADD: January 26, 2015 Page 58 ‐80% ‐60% ‐40% ‐20% 0% Washington Livingston Barren Garrard Todd Jefferson Daviess Franklin Rockcastle Jessamine Warren McLean Wolfe Breckinridge Livingston, Madison, Marion, Washington Webster, Hancock, Scott, Bracken Oldham 20% Adair Bullitt Rowan Carlisle Powell 40% Russell Hopkins Graves Grayson Kenton Nicholas Elliott 60% Hancock Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages, from June 2009 to June 2014. Woodford Magoffin Metcalfe Johnson Harrison Clinton Boyd Anderson Carlisle Growth Rate, Net Jobs Since Last Recession, by Kentucky Counties Lincoln Wayne Trimble Knott Harlan Henry In percentage terms, the greatest growth was in Carlisle County, expanding its wage and salary job base by 46 percent (from 734 to 1,072 jobs) over the last five years. Strong job growth rates, above 20 percent, were also posted in Bullitt, Webster, Hancock, and Scott counties. Robertson 4 Purchase ADD: January 26, 2015 Page 59 3,129 Breckinridge Calloway 13,708 3,847 1,894 4,014 3,971 1,926 1,686 Clay Clinton Crittenden Cumberland 1,705 3,963 31,879 12,991 3,642 29,851 3,384 Casey 5,672 Clark 6,367 Carter 6,243 1,072 28,783 16,476 4,166 2,752 21,572 3,588 3,224 1,382 13,657 25,936 6,895 79,301 8,663 1,865 16,719 2,234 4,469 4,114 4,599 Christian 734 5,809 Carlisle Carroll 27,252 15,500 Caldwell Campbell 2,406 4,246 Butler 15,916 3,356 Bullitt 1,167 Breathitt 14,256 Boyle Bracken 27,004 6,835 Boyd 70,009 9,542 Bell Bourbon 1,792 Bath Boone 2,552 15,907 4,579 Anderson Ballard 4,222 Allen Barren 4,494 Adair June 2009 June 2014 ‐2.4% ‐12.5% ‐110 ‐318 ‐3.1% ‐1.7% ‐124 ‐32 1.1% ‐1.3% ‐51 19 5.5% 6.8% 717 2,028 7.6% ‐10.9% ‐695 258 7.5% 46.0% 5.6% 434 338 1,531 6.3% ‐1.9% 976 14.4% ‐80 35.5% 346 5,656 14.7% ‐3.9% 459 18.4% ‐4.2% ‐599 215 ‐4.0% ‐1,068 ‐132 0.9% 60 13.3% ‐9.2% ‐879 9,292 4.1% 73 5.1% ‐2.6% ‐108 812 2.3% rate 105 growth Muhlenberg Morgan Montgomery Monroe Metcalfe Mercer Menifee Meade Mason Martin Marshall Marion Magoffin Madison McLean McCreary McCracken Lyon Logan Livingston Lincoln Lewis Letcher Leslie Lee Lawrence Laurel Larue Knox 9,328 2,943 9,713 2,740 1,974 6,279 958 4,250 8,618 3,084 10,458 6,723 2,144 28,066 1,719 2,869 37,077 2,186 7,740 2,682 4,614 1,927 5,834 2,034 1,891 3,351 23,325 2,676 8,455 9,271 3,008 10,717 3,069 1,859 6,365 864 4,321 9,025 2,792 11,173 7,932 1,963 33,131 1,948 2,711 37,947 2,513 8,436 3,167 4,090 1,986 4,750 1,801 1,713 3,210 24,555 2,692 8,371 June 2009 June 2014 2.2% ‐0.6% 65 10.3% 12.0% ‐57 1,004 329 1.4% ‐5.8% 86 ‐9.8% ‐94 ‐115 1.7% 71 4.7% ‐9.5% ‐292 407 6.8% 18.0% ‐8.4% 18.0% 715 1,209 ‐181 5,065 13.3% ‐5.5% ‐158 229 2.3% 15.0% 9.0% 18.1% 870 327 696 485 3.1% ‐11.4% 59 ‐524 ‐18.6% ‐11.5% ‐233 ‐1,084 ‐4.2% ‐9.4% ‐141 5.3% 0.6% ‐1.0% rate ‐178 1,230 16 ‐84 growth Total County Employment Covered by Unemployment Insurance Programs, Bottom of Recession and Latest Available 5 Purchase ADD: January 26, 2015 Page 60 2,259 1,891 8,157 3,687 41,493 8,464 4,889 4,567 Green Greenup Hancock Hardin Harlan Harrison Hart 2,231 413,291 15,083 6,398 63,925 3,797 Jefferson Jessamine Johnson Kenton Knott Hopkins Jackson 1,100 17,978 Hickman 3,010 Henry 18,732 46,104 7,486 Grayson Henderson 4,467 10,959 Graves 2,205 2,687 63,831 5,904 16,344 442,520 1,846 17,807 1,101 2,722 19,969 4,825 4,656 6,831 7,845 1,741 7,521 10,811 4,974 2,085 5,047 2,421 Grant 2,152 Gallatin Garrard 2,531 Fulton 31,994 11,133 12,164 29,746 Floyd 3,087 3,018 Franklin 184,737 170,495 Fayette Fleming 897 2,388 889 2,383 1,558 44,988 Estill 1,593 42,195 Elliott Edmonson Daviess June 2009 June 2014 ‐3.8% 8.4% ‐7.7% ‐0.1% ‐29.2% 1,261 ‐494 ‐94 ‐1,110 7.1% ‐17.3% ‐385 29,229 0.1% ‐1.0% 1 ‐288 ‐171 6.6% ‐9.6% 1,237 5.6% ‐4.8% ‐233 258 11.1% ‐19.3% 4,611 ‐1,633 21.2% ‐312 780 0.5% ‐7.9% ‐148 35 ‐1.4% ‐73 ‐150 5.8% ‐1.4% 120 12.5% ‐10.7% ‐272 269 7.6% ‐8.5% ‐1,031 2,248 2.3% 8.4% 0.2% 0.9% 69 14,242 5 8 6.6% ‐2.2% ‐35 rate 2,793 growth Nelson 9,769 1,723,815 Kentucky 1,179 12,094 2,792 5,744 2,788 53,370 5,693 3,287 3,670 2,171 9,802 1,676 7,679 12,964 20,428 6,230 9,550 3,351 310 24,807 2,531 24,426 13,361 2,370 701 1,909 14,134 7,377 900 13,847 Woodford Wolfe Whitley Webster Wayne Washington Warren Union Trimble Trigg Todd Taylor Spencer Simpson Shelby Scott Russell Rowan Rockcastle Robertson Pulaski Powell Pike Perry Pendleton Owsley Owen Oldham Ohio Nicholas 1,820,815 8,851 1,333 12,280 3,422 5,132 3,287 59,915 5,836 1,084 3,447 2,291 11,033 1,897 8,745 14,976 24,586 6,121 9,796 3,705 271 25,481 2,583 21,891 12,488 2,361 666 1,760 14,592 7,150 913 14,871 June 2009 June 2014 ‐6.1% 143 2.5% 97,000 ‐918 154 186 630 5.6% ‐9.4% 13.1% 1.5% 22.6% 17.9% ‐10.7% 499 12.3% ‐612 6,545 ‐67.0% ‐223 ‐2,203 5.5% 12.6% 13.2% 13.9% 15.5% 20.4% ‐1.7% 2.6% 10.6% ‐12.6% 2.7% 2.1% 120 1,231 221 1,066 2,012 4,158 ‐109 246 354 ‐39 674 52 ‐10.4% ‐6.5% ‐2,535 ‐0.4% ‐35 ‐9 ‐7.8% ‐5.0% ‐149 ‐873 3.2% ‐3.1% ‐227 458 1.4% 7.4% rate 13 1,024 growth Total County Employment Covered by Unemployment Insurance Programs, Bottom of Recession and Latest Available 6 Purchase ADD: January 26, 2015 Page 61 Using commuting patterns and television market areas to determine nine economic regions in Kentucky, Coomes organized just‐ released county‐level data on jobs and wages through mid‐ 2014 to examine economic growth since the last recession. 7 Purchase ADD: January 26, 2015 Page 62 ‐15% ‐10% ‐5% 0% 5% 10% 15% 20% 25% 4.2% 7.3% ‐10.3% 1.0% 1.1% 7.1% 8.2% 13.6% ‐5.4% 3.4% 4.9% 6.6% Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages, compiled from county details. Growth is from July 2009 to June 2014. 7.9% 19.7% 6.3% 16.5% ‐4.5% 6.2% Employment Growth Since Bottom of Last Recession All Industries, and Manufacturing 5.6% 11.0% 8 4.2% 6.3% All Industries Manufacturing Purchase ADD: January 26, 2015 Page 63 ‐20% ‐10% 0% 10% 20% 30% 40% 50% 19.0% 17.0% ‐10.8% ‐3.2% 9.9% 27.5% 16.3% 33.4% 13.4% 16.9% 25.2% 17.2% Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages, compiled from county details. Growth is from 2009 II to 2014 Ii. 20.1% 39.2% 20.9% 37.3% 3.4% 6.5% Wage and Salary Growth Since Bottom of Last Recession All Industries, and Manufacturing 16.4% 28.9% 9 18.4% 18.3% All Industries Manufacturing Purchase ADD: January 26, 2015 Page 64 1,723,815 129,648,129 211,134 11,731,582 All Industries Manufacturing 369,127 50,202 101,318 2,496 97,689 13,835 142,136 26,417 87,705 11,106 109,501 18,357 564,172 63,248 183,558 19,341 47,695 3,963 1,820,815 137,776,364 234,353 12,225,745 All Industries Manufacturing 396,038 52,324 90,847 2,522 98,765 14,817 153,775 30,018 90,647 10,508 114,858 19,562 608,696 75,730 195,165 22,525 45,546 4,209 Employment, June 2014 97,000 8,128,235 23,219 494,163 All Industries Manufacturing 26,911 2,122 ‐10,471 26 1,076 982 11,639 3,601 2,942 ‐598 5,357 1,205 44,524 12,482 11,607 3,184 ‐2,149 246 Growth Since Last Trough 5.6% 6.3% $23,200 $107,821 $268,392 $134,437 $195,624 $801,612 $226,676 $61,386 $2,483,126 $154,404,699 $938,139 $728,119 $1,191,195 $734,708 $961,400 $5,689,390 $1,742,746 $439,410 Mountains Cumberland Paducah ‐ Purchase Owensboro‐Henderson Louisville Northern Kentucky Ashland Kentucky Total $16,199,035 United States $1,413,661,305 All Industries Manufacturing $640,802 $18,853,383 $1,674,470,211 $454,150 $2,107,173 $6,834,635 $1,127,239 $858,969 $800,257 $1,385,871 $836,980 $4,060,482 $3,201,342 $182,623,430 $65,402 $311,224 $1,116,095 $244,994 $152,412 $137,444 $358,126 $22,454 $762,393 All Industries Manufacturing Wages and Salaries, 2014 II ‐$746 $2,654,348 $260,808,906 $14,740 $364,427 $1,145,245 $165,839 $124,261 $718,216 $28,218,731 $4,016 $84,548 $314,483 $49,370 $17,975 $29,623 $89,734 ‐$101,159 $72,138 $194,676 $121,591 $589,026 All Industries Manufacturing Growth Since Last Trough 16.4% 18.4% 3.4% 20.9% 20.1% 17.2% 16.9% 9.9% 16.3% ‐10.8% 17.0% 28.9% 18.3% 6.5% 37.3% 39.2% 25.2% 13.4% 27.5% 33.4% ‐3.2% 19.0% All Manufact‐ Industries uring Percent Growth Since Last Trough Source: US Bureau of Labor Statistics Quarterly Census of Employment and Wages ; economic region totals derived from county level data; not all reported payroll statewide was allocated to counties Bowling Green ‐ Hopkinsville Lexington $3,471,456 Economic Region Wages and Salaries at National Trough, 2009 II Wage and Salary Recovery from 2008‐09 Recession, by Economic Region of Kentucky, in thousands 11.0% 4.2% Percent Growth Since Last Trough All Manufact‐ Industries uring 7.3% 4.2% ‐10.3% 1.0% 1.1% 7.1% 8.2% 13.6% 3.4% ‐5.4% 4.9% 6.6% 7.9% 19.7% 6.3% 16.5% ‐4.5% 6.2% Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages ; economic region totals derived from county‐level data; not all reported jobs statewide were allocated to counties. Kentucky Total United States Lexington Mountains Cumberland Bowling Green ‐ Hopkinsville Paducah ‐ Purchase Owensboro‐Henderson Louisville Northern Kentucky Ashland Economic Region Employment at National Trough, June 2009 Employment Recovery from 2008‐09 Recession, by Economic Region of Kentucky Data Tables – Economic Regions of Kentucky 10 Purchase ADD: January 26, 2015 Page 65 $7,772 $10,025 $11,933 $10,557 $12,595 $11,639 $15,533 $7,510 $8,368 $8,385 $8,776 $10,105 $9,499 $9,250 $14,181 $9,396 $10,915 Bowling Green ‐ Hopkinsville Owensboro‐Henderson Louisville Northern Kentucky Ashland unallocated Kentucky Total United States $11,651 $13,071 $10,641 $12,520 $15,620 $10,100 $11,113 $11,577 $9,715 $9,986 $9,261 $8,308 $9,336 $10,546 $13,839 $15,212 $12,953 $15,516 $14,093 $15,017 $13,838 $12,462 $12,069 $9,352 $8,985 $15,011 All Industries Manufacturing Average Pay, 2014 II $1,246 $1,605 $1,439 $850 $1,614 $1,472 $1,330 $1,209 $892 $798 $123 $1,175 1.3% $2,188 $2,141 13.3% 14.7% 10.2% 9.2% ‐$16 $2,320 17.0% 14.6% 15.9% 13.8% 10.7% $2,455 $2,422 $1,905 $1,905 $2,044 10.6% ‐$97 $1,580 12.5% 11 18.8% 16.4% 21.8% ‐0.1% 21.1% 19.2% 16.0% 18.0% 20.4% 20.3% ‐1.1% 19.2% All Manufact‐ Industries uring Percent Growth Since Last Trough $2,416 All Industries Manufacturing Growth Since Last Trough Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages ; economic region totals derived from county‐level data. Paducah ‐ Purchase $10,633 $9,083 $9,213 Mountains Cumberland Lexington $12,595 All Industries Manufacturing $9,372 Economic Region Average Pay at National Trough, 2009 II Average Quarterly Pay per Job, Recovery from 2008‐09 Recession, by Economic Region of Kentucky Purchase ADD: January 26, 2015 Page 66 ‐10% ‐5% 0% 5% 10% 15% 20% Illinois 1.2% 2.8% Indiana 7.3% 15.6% Kentucky 5.6% 11.0% ‐0.2% Missouri 1.1% Ohio 4.0% 8.6% Tennessee 6.2% 7.5% ‐2.5% Virginia 2.3% ‐4.1% West Virginia 2.0% 12 United States 4.2% 6.3% All Industries Manufacturing Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages. Growth is from July 2009 to June 2014. Employment Growth Since Bottom of Last Recession All Industries, and Manufacturing Purchase ADD: January 26, 2015 Page 67 0% 5% 10% 15% 20% 25% 30% 35% Illinois 15.8% 18.2% Indiana 18.2% 28.8% Kentucky 16.4% 28.9% Missouri 11.6% 13.0% Ohio 17.4% 20.0% Tennessee 19.4% 19.2% Virginia 12.0% 11.0% West Virginia 9.7% 13.6% All Industries Manufacturing 13 United States 18.4% 18.3% Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages. Growth is from 2009 II to 2014 II. Wage and Salary Growth Since Bottom of Last Recession All Industries, and Manufacturing Purchase ADD: January 26, 2015 Page 68 129,648,129 11,731,582 All Industries Manufacturing 5,606,372 572,047 2,701,663 430,602 1,723,815 211,134 2,641,511 254,901 4,978,847 616,553 2,565,095 304,096 3,586,616 238,201 697,589 50,465 137,776,364 $1,674,470,211 $182,623,430 All Industries Manufacturing $74,361,497 $8,913,130 $29,605,612 $6,968,480 $18,853,383 $3,201,342 $28,691,715 $3,366,554 $57,232,883 $9,237,417 $29,931,103 $4,395,472 $46,706,550 $3,174,908 $7,291,173 $654,228 Wages and Salaries, 2014 II Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages . $154,404,699 All Industries Manufacturing $64,213,914 $7,538,775 $25,039,364 $5,409,906 $16,199,035 $2,483,126 $25,712,745 $2,980,229 $48,756,042 $7,694,989 $25,119,637 $3,680,583 $41,720,067 $2,861,319 $6,418,218 $596,596 Wages and Salaries at National Trough, 2009 II United States $1,413,661,305 Illinois Indiana Kentucky Missouri Ohio Tennessee Virginia West Virginia State 8,128,235 494,163 All Industries Manufacturing 155,206 6,738 196,609 67,025 97,000 23,219 28,748 ‐481 200,535 52,874 191,136 18,964 82,638 ‐5,920 13,622 ‐2,089 Growth Since Last Trough $260,808,906 $28,218,731 All Industries Manufacturing $10,147,583 $1,374,355 $4,566,248 $1,558,574 $2,654,348 $718,216 $2,978,970 $386,325 $8,476,841 $1,542,428 $4,811,466 $714,889 $4,986,483 $313,589 $872,955 $57,632 Growth Since Last Trough Wage and Salary Recovery from 2008‐09 Recession, by Kentucky and Border States, in thousands 12,225,745 All Industries Manufacturing 5,761,578 578,785 2,898,272 497,627 1,820,815 234,353 2,670,259 254,420 5,179,382 669,427 2,756,231 323,060 3,669,254 232,281 711,211 48,376 Employment, June 2014 Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages . United States Illinois Indiana Kentucky Missouri Ohio Tennessee Virginia West Virginia State Employment at National Trough, June 2009 Employment Recovery from 2008‐09 Recession, by Kentucky and Border States Data Tables ‐ States 4.2% 18.4% 14 18.3% All Manufact‐ Industries uring 15.8% 18.2% 18.2% 28.8% 16.4% 28.9% 11.6% 13.0% 17.4% 20.0% 19.2% 19.4% 12.0% 11.0% 13.6% 9.7% Percent Growth Since Last Trough 6.3% All Manufact‐ Industries uring 2.8% 1.2% 7.3% 15.6% 5.6% 11.0% 1.1% ‐0.2% 4.0% 8.6% 7.5% 6.2% 2.3% ‐2.5% 2.0% ‐4.1% Percent Growth Since Last Trough Purchase ADD: January 26, 2015 Page 69 $10,915 $13,071 $12,520 $15,212 All Industries Manufacturing $13,227 $15,506 $10,507 $13,981 $10,641 $13,839 $10,981 $13,363 $11,340 $13,919 $11,100 $13,660 $13,001 $13,826 $10,567 $13,772 Average Pay, 2014 II Source: US Bureau of Labor Statistics, Quarterly Census of Employment and Wages . United States State All Industries Manufacturing Illinois $11,481 $13,067 Indiana $9,226 $12,400 Kentucky $9,396 $11,651 Missouri $9,742 $11,625 Ohio $9,795 $12,273 Tennessee $9,757 $11,934 Virginia $11,691 $11,970 West Virginia $9,225 $11,687 Average Pay at National Trough, 2009 II $1,605 $2,141 All Industries Manufacturing $1,747 $2,438 $1,281 $1,581 $1,246 $2,188 $1,238 $1,738 $1,544 $1,646 $1,343 $1,726 $1,310 $1,856 $1,342 $2,085 Growth Since Last Trough Percent Growth Since Last Trough 14.7% 15 16.4% All Manufact‐ Industries uring 15.2% 18.7% 13.9% 12.7% 13.3% 18.8% 12.7% 15.0% 15.8% 13.4% 13.8% 14.5% 11.2% 15.5% 14.5% 17.8% Average Quarterly Pay per Job, Recovery from 2008‐09 Recession, by Kentucky and Border States 1/12/2015 9:49:27 AM Brad, Davis Reviews: Comments Project entails construction of an above-ground overflow tank within the Homewood Avenue Pumping Station’s drainage basin to achieve compliance with JSA’s Consent Judgment with KY DOW and EPA. Narrative: MCCRACKEN Area Homewood Avenue Overflow Tank John, Hodges (270) 575-0056 Contact CFDA #: EPA Federal Agency Kentucky e-Clearinghouse Project Summary Project Title: Status: Applicant Paducah McCracken County Joint Sewer Agency Complete KY201412231197 State/DLG Identifier Purchase ADD: January 26, 2015 Page 70 1 $0.00 TOTAL FUNDS: PROGRAM INCOME: OTHER FUNDS: of 3 $600,000.00 $0.00 $0.00 $600,000.00 LOCAL FUNDS: STATE FUNDS: $0.00 $0.00 APPLICANT FUNDS: FEDERAL FUNDS: Funding City of Paducah Applicant Sheryl, Chino (270) 444-8690 Contact MCCRACKEN,City of Paducah Area Comments Comments CFDA #: 20.205 DOT Federal Agency Kentucky e-Clearinghouse Project Summary The Riverfront Redevelopment Project Phase 1-B, Gangway, Transient Dock and Land Mass is being partly funded through the Federal Highway Administration (FHWA) administered by the Kentucky Transportation Cabinet Project and by a Boating Infrastructure Grant Program (BIG-P) administered by the Kentucky Department of Fish and Wildlife Resources. Land Mass location: 400 N. Riverfront - Lat: 88 35' 48" Long: 37 05' 31" Transient Dock loction: 500 N. Riverfront - Lat: 88 35' 51" Long: 37 05' 34" {TAB}This Project will be located along the Ohio Riverfront within the general vicinity from the extension of Madison Street to the extension of Harrison Street, downtown Paducah, Kentucky. The Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill, completed in fall of 2013, consisted of the construction of the twelve steel pile guide structures for the future gangway construction and the placement of the majority of the stone fill in the Ohio River to create a land mass. The Phase 1-B Project will complete the overall Riverfront Redevelopment Project Phase I and will consist of the following items: •{TAB}Construction of a three-acre lawn area covered Land Mass within the Ohio River. The completion of the Land Mass will consist of the installation of approximately 52,500 tons of stone fill, 18,600 cubic yards of earth fill and 2,500 cubic yards of topsoil. The placement of 315,000 tons of stone fill in the Ohio River was completed Fall 2013 •{TAB}Included with the Land Mass construction will be miscellaneous improvements such as asphalt installation, curb and gutter, sidewalks, concrete stairs, stone work, lighting, etc. •{TAB}Construction of a new three section Gangway system. The twelve steel pile guide structures for the gangway were installed-driven in the Ohio River Fall 2013. •{TAB}Construction of a new 400 linear foot Transient Dock - Wave Attenuator for short term boat dockage will be connected to the new Gangway system. The Transient Dock will have steel piling anchorage system installed adjacent to the Transient Dock in the Ohio River for stability. •{TAB}Included with the Transient Dock construction will be miscellaneous improvements such as lighting, railings, fueling station, sanitary sewer pump-out, electrical pedestals, water hook-ups, navigational aids, etc. •{TAB}Utilities will be installed to serve the Transient Dock and Land Mass Area such as: water, electric, sanitary and storm sewer systems. •{TAB}Installation of a 5,000 gallon Fuel System to serve the Transient Dock with two compartment tanks, piping for gas and diesel fuels, dual dispensers with hose reels, transition sumps, credit card reader system, etc. Paducah FHWA Waterfront Development Complete 1/12/2015 9:49:27 AM Mark, Davis Brad, Davis Reviews: Narrative: Project Title: Status: KY201412181185 State/DLG Identifier Purchase ADD: January 26, 2015 Page 71 TOTAL FUNDS: PROGRAM INCOME: OTHER FUNDS: LOCAL FUNDS: STATE FUNDS: APPLICANT FUNDS: FEDERAL FUNDS: Funding 2 of 3 $5,650,000.00 $0.00 $0.00 $0.00 $0.00 $500,000.00 $5,150,000.00 1/12/2015 9:49:27 AM Brad, Davis Reviews: Comments Project would entail construction of a 1.5 MGD wet weather storage tank, along with associated influent pumping station and collection line size improvements Narrative: MCCRACKEN Area Reidland Collection System Above Ground Storage Tank John, Hodges (270) 575-0056 Contact CFDA #: EPA Federal Agency Kentucky e-Clearinghouse Project Summary Project Title: Status: Applicant Paducah McCracken County Joint Sewer Agency Complete KY201412231196 State/DLG Identifier Purchase ADD: January 26, 2015 Page 72 3 $0.00 TOTAL FUNDS: PROGRAM INCOME: OTHER FUNDS: of 3 $2,385,000.00 $0.00 $0.00 $2,385,000.00 LOCAL FUNDS: STATE FUNDS: $0.00 $0.00 APPLICANT FUNDS: FEDERAL FUNDS: Funding COMMODITY & FOOD BANK TASK FORCE REPORT Thank you Mr. Chairman. We would like to present the figures for the 2nd Quarter of FY15. The CSFP (Commodities and Supplemental Food Program) disbursed 162,815 lbs. of Commodities to 1525 seniors monthly in the 8 counties of the Purchase. TEFAP (The Emergency Food Assistance Program) disbursed 184,947 lbs. of commodities to an average of 3016 households monthly and 24,860 meals were served through one soup kitchen. The Food Bank program disbursed 351,309 lbs. of commodities to approximately 4474 households plus served approximately 32,125 meals through 2 Soup Kitchens. Through these three programs, a total of 699,071 lbs. have been distributed. The Farms to Food Banks program, sponsored by the Kentucky Association of Food Banks finished this growing season, by receiving and distributing 118,741 lbs. of fresh, Kentucky grown produce. This was achieved by $500,000 allocated to the program through Governor Beshear’s last budget. An additional $100,000 was added to the original budget which was to be used for the Hunters for the Hungry program. During this deer season, we received and distributed 4,230 lbs. of ground venison which was distributed to all our pantries in all 8 counties of the Purchase. The Feeding America Backpack program is currently serving 431 needy children through 15 schools. If there are no questions Mr. Chairman, this concludes our report. Purchase ADD: January 26, 2015 Page 73 Purchase Area Development District Child Care Aware Agency Core Services Report for December 2014 Ballard Calloway Carlisle Fulton Graves Hickman Marshall McCracken TOTAL Child Care Providers by Type and Capacity Type I Type II Certified Homes Number Capacity Number Capacity Number Capacity 3 209 0 0 0 0 20 1788 0 0 0 0 1 20 1 10 0 0 3 102 0 0 0 0 20 1349 0 0 0 0 3 96 0 0 0 0 9 571 0 0 0 0 34 2894 0 0 1 6 93 7029 1 10 1 6 "Type I": State-approved licensed child care program for 13+ children. "Type II": State-approved licensed child care home for 7 - 12 children. "Certified Home": State-approved home certified for up to 6 children. Technical Assistance Report (by county) Ballard Calloway 2 Carlisle Fulton Graves 3 Hickman Marshall 1 McCracken 3 Email,Phone, etc… 36 Total 45 "Getting Started" in Child Care Ballard Calloway 1 Carlisle Fulton Graves Hickman Marshall McCracken Total 1 Collaborative Partner Activities (by county) Ballard Calloway 1 Carlisle Fulton Graves 1 Hickman Marshall McCracken 2 Regional 2 Total 6 Child Care Aware Core services are funded through a subcontract with the University of Kentucky. Purchase ADD: January 26, 2015 Page 74 ASSET INVENTORY REPORT FORM Kentucky Division of Water’s Asset Inventory Report, as required by 401 KAR 5:006 In accordance with 401 KAR 5:006, regional planning agencies are required to submit an asset inventory report to the Cabinet, if: (a) It has been ten (10) years since the regional planning agency submitted a regional facility plan or asset inventory report; and (b) the regional planning agency does not meet the requirements established in Section 2(2) of the regulation. The asset inventory report requires regional planning agencies to take inventory of the physical assets of their wastewater system(s), assess their condition, prioritize capital needs, and develop a plan for funding those needs. By incorporating this planning tool into their daily operations, the Cabinet expects regional planning agencies to achieve the following benefits: a. Reduce overall cost of system operation and maintenance; b. Target capital investments toward critical assets; c. Improve compliance record and remediate or correct illegal overflows or bypasses; d. Acquire a better understanding of treatment and/or collection system components; e. Reduce borrowing costs. Funding agencies prefer lending to municipalities which properly manage and operate their assets; f. Potentially improve bond credit ratings; g. Make a sound case for rate increases to local governing boards and rate payers; h. Prolong the useful life of their assets. Knowing the condition of assets allows regional planning agencies to make timely repairs; and i. Reduce duplication of efforts and improve the allocation of staff time and other resources. A complete report consists of this form and copies of supporting documentation. All regional planning agencies that wish to use this report to demonstrate compliance with the requirements of 401 KAR 5:006, Section 4 must complete all seven sections of the report and provide copies of the supporting documentation required under section VI. This report form consists of seven (7) sections: I. REGIONAL PLANNING AGENCY DATA II. REVENUES AND EXPENSES III. ASSET INVENTORY IV. PROJECT PRIORITIZATION V. FUNDING PLAN VI. COPIES OF SUPPORTING DOCUMENTATION VII. CERTIFICATION Most of the information required in the form is self-explanatory. The instructions in some of the sections are given to highlight some of the information that may require interpretation or additional clarification. You may add extra pages for entering additional asset inventory information especially ft you are a regional planning agency with multiple treatment plants. If you need to include additional information, attach the extra pages and put the question number next to your answers and/or copy and paste the asset inventory tables on the additional pages. It’s quite likely that all of the details of the asset inventory presented in this report will not apply to every wastewater system. If the parameter does not apply then indicate by entering N/A in the blank or modify the worksheets so they conform to the particular needs of your system. For additional information or assistance, contact the Kentucky Division of Water, Wastewater Planning Section (502) 564-3410. 1 Purchase ADD: January 26, 2015 Page 75 PURCHASE AREA DEVELOPMENT DISTRICT LOAN REVIEW COMMITTEE - MINUTES DECEMBER 4, 2014 The Purchase Area Development District Loan Review Committee met on Thursday, December 4, 2014 at 9:00 a.m. at the Purchase Area Development District. Members Present Greg Terry Darvin Towery Gary Clark proxy for Betsy Hudson Flynn Judge Mike Miller Clyde Elrod Joe Bolin Tony Smith Mark Manning David Gallagher Teresa Rochetti-Cantrell Members Absent Van Newberry Greg Gunter Vicki Viniard Marty Nichols Staff and Guests Marta Elliott Brad Davis Sheila Rogers Jennifer Beck Walker I. Call To Order Chairman Greg Terry called the meeting to order by welcoming members to the committee as well as staff. II. Old Business Minutes Chairman Terry directed the Committee’s attention to the minutes of the October 16, 2014 Loan Review Committee meeting printed on pages 2 through 4 of the packet. Clyde Elrod made a motion to approve the minutes of the previous meeting. The motion was seconded by Mayor Teresa Cantrell Rocketti and passed unanimously. A. CLOSING/PORTFOLIO/SERVICING 1. Clarks Feed Servicing Request (EDA-RLF Recap & IRP #3) Chairman Terry requested Marta Elliott discuss the request. Ms. Elliott first referred the committee to page 5, which is a letter from Mr. Fuller requesting the PADD to release his horse trailer. Two separate times the request has been brought before the committee and both times the request was denied. Mr. Fuller discussed the need for the business to sell the trailer in order to give him additional cash to buy discounted inventory. Mr. Tony Smith wanted to know if the client is current on all his payments and Ms. Elliott responded with a yes. After a long discussion, Mr. Towery made a motion to approve the release of the trailer on the condition that a sales contract for the sale of the trailer is given to Page 1 of 3 Purchase ADD: January 26, 2015 Page 76 the PADD and proof be provided to the PADD that shows the use of proceeds. Joe Bolin seconded the motion and passed unanimously. B. Loan Requests 1. ACE Compressors (EDA & SBA Microloan) Chairman Terry requested Marta Elliott discuss the request. Ms. Elliott first referred the Committee to page 7 of the packet, which is a request from ACE Compressors for a $50,000 SBA Microloan and $68,000 EDA-Recap loan. ACE is a Veteran Owned Small Business that is looking to expand their operations by purchasing three new machines that will make the repair of compressors more efficient. The loans will be secured by a co-1st on the Scanner, Grinder and Balancing Machine, Co-2nd on all inventory, Accounts Receivable, Equipment and Furniture & Fixtures, Personal Guarantee of Johnnie Lee and Paula Lee, and Corporate Guarantee of ACE Compressor Parts & Service, Inc. ACE has been a client of the PADD since early 2014 and they have always paid the PADD on time. Ms. Elliott referred the committee to page 9, which is the historical cash flow of the business. Based on the historical financial statements, the company can easily cash flow with the new debt. Sales have increased by 59% from 2012 to 2013 and sales are on track to increase by 11% from 2013 to 2014. The SBA microloan of $50,000 will have a term of 6 years at 4% fixed and the EDA-Recap loan of $68,000 will have a term of 7 years at 4%. Following Committee discussion, Darvin Towery made a motion to approve the PADD-RLF Recap $68,000 loan and PADD SBA Microloan of $50,000 as presented. The motion was seconded by Gary Clark and passed unanimously. 2. Paducah Cigar & Tobacco Company (SBA 504) Chairman Terry requested Marta Elliott discuss the request. Ms. Elliott first referred the Committee to page 29 of the packet, which is a request from Paducah Cigar & Tobacco Company for an $118,000 SBA 504 loan. The proposed funds will be used to purchase a 4,950 square foot building in a prime location in Downtown Paducah. The company has been renting the building and now has the opportunity to purchase the building. The building has a 2nd floor 2 bedroom and 2 bathroom luxury apartment that rents for $1,200/month and is on a two year lease. The retail space is 2525 square feet and has some outdoor space. The total project cost for the business is $318,988. The Paducah Cigar & Tobacco Company is a retailer of 60 brands of cigars that range in price from $5 to $30 and above. They also carry cigarettes and accessories. They offer lounges in the store with big leather chairs and flat screen TVs so customers can enjoy their purchases in comfortable seating. The store opened September 2013. Paducah Bank will be providing 50% of the financing at $159,494 and SBA will be providing 35% of the financing at $118,000 and the borrower is injecting $47,849 into the project. The SBA loan will be secured by a 2nd on the Real estate, 2nd Security Interest on Equipment, personal guarantee of Lisa Mead, collateral assignment of life insurance of $118,000 on the life of Joaquin Hilton and corporate guarantee of L& J Development, LLC & Paducah Cigar & Tobacco Company. Page 2 of 3 Purchase ADD: January 26, 2015 Page 77 Following Committee discussion, Tony Smith made a motion to approve the $118,000 SBA 504 loan as presented. The motion was seconded by Darvin Towery and passed unanimously. C. OTHER 1. SBA 504 Rankings—INFORMATION ONLY Ms. Elliott next referred the committee to page 61, which is a Kentucky SBA state office newsletter that lists PADD as the #3 Top Certified Development Lenders in KY. D. REPORTS Chairman Terry asked Ms. Elliott to review with the Committee the Current Loan Reports; Financial Reports, Business Lending Reports printed on pages 63-77. E. ADMINISTRATION Mr. Terry stated that the next meeting of Loan Review Committee is Thursday, January 15th at 9:00am F. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 a.m. Respectfully submitted: Judge/Executive Vicki Viniard Page 3 of 3 Purchase ADD: January 26, 2015 Page 78 Purchase ADD: January 26, 2015 Page 79 Purchase ADD: January 26, 2015 Page 80 Purchase ADD: January 26, 2015 Page 81 Purchase ADD: January 26, 2015 Page 82 Purchase ADD: January 26, 2015 Page 83 Purchase ADD: January 26, 2015 Page 84 Purchase ADD: January 26, 2015 Page 85 Purchase ADD: January 26, 2015 Page 86 Purchase ADD: January 26, 2015 Page 87 Purchase ADD: January 26, 2015 Page 88 Obligated Dollars by Training Facility January 2015 Name of Training Facility West KY Community & Technical College Transportation Business Services/Research Healthcare/Social Assembly/Manufacturing Non-Sector Murray State University Transportation Business Services/Research Assembly/Manufacturing Healthcare/Social Non-Sector Shawnee Community College University of Kentucky, Paducah Western Kentucky University Madisonville Community College CDL Training Services CDL Training Austin Peay State University Woodman of the World University of the Cumberlands American Gunsmithing Institute Adjuster Pro US Career Institute PennFoster Eastern KY University TOTAL Dollars Obligated Number of Students $111,069.00 $124,629.00 $259,327.00 $192,836.00 $112,789.00 15 22 43 30 18 $16,192.00 $253,770.00 $10,448.00 $69,106.50 $90,730.50 $6,000.00 $8,350.00 $13,770.00 $7,964.00 $8,000.00 $12,345.00 $7,800.00 $116.10 $25,372.80 $30,894.00 $18,085.00 $2,198.00 $800.00 $12,671.00 $1,395,939.25 1 24 1 7 9 1 1 1 1 2 3 1 1 5 2 1 1 1 1 194 The above covers training costs for Fall Semester 2014, Spring Semester 2015, and Summer Semester 2015. Purchase ADD: January 26, 2015 Page 89 HouseWorks Repair Program January 2015 Draft for Review and Comment Kentucky Housing Corporation 1231 Louisville Road Frankfort, KY 40601 (502) 564-7630 Kentucky Housing Corporation prohibits discrimination based on race; color; religion; sex; national origin; sexual orientation; gender identity; ancestry; age; disability; or marital, familial or veteran status. Purchase ADD: January 26, 2015 Page 90 Contents Program Overview .........................................................................................................................................................3 Eligible Applicants ........................................................................................................................................................3 Maximum Funding Requests .........................................................................................................................................3 Eligible Households .......................................................................................................................................................3 Program Match Requirement .........................................................................................................................................3 Terms of Affordability...................................................................................................................................................4 Insurance........................................................................................................................................................................4 Eligible Improvements (Health and Safety Issues) ........................................................................................................4 Incidental Improvements ...............................................................................................................................................5 Manufactured Housing/Mobile Homes (HUD Code Homes) ........................................................................................6 Handicapped Accessibility ............................................................................................................................................6 How The HouseWorks Repair Program Works .............................................................................................................7 Page 2 of 8 Purchase ADD: January 26, 2015 Page 91 Kentucky Housing Corporation HouseWorks Repair Program Program Overview Kentucky Housing Corporation’s HouseWorks Repair Program is designed to provide funding resources to nonprofits and units of local government that are working to address the repair needs of low -income homeowners across the state. This program offers funding on a first-come, first-served basis until the funds are depleted. Eligible Applicants The HouseWorks Repair Program (HouseWorks) is available to nonprofits and units of local government that are eligible to receive funds from the Affordable Housing Trust Fund [KRS.198A.175(3)]. To be eligible to apply for the HouseWorks Repair Program, previous applicants must meet the following thresholds: Applicants must have received HouseWorks funds between 2011-2014. Applicants must have successfully committed and expended funds as outline in their Memorandum of Understanding. Maximum Funding Requests Applicants that have been awarded KHC HouseWorks in the past 4 years, are limited to the maximum amount $100,000 of HouseWorks funds, inclusive of administrative fees. KHC recommends applicants review their prior HouseWorks expenditures and program activities to determine a manageable amount of funds to be requested. KHC reserves the right to reduce the amount requested due to the applicant’s capacity and program history. Administrative fees are provided to recipients in the form a grant and cannot exceed 7.5% of the total project costs. Eligible Households Households eligible to receive assistance must be at or below 60 percent of the area median income for the participating county. All funds will be provided in the form of a forgivable loan. The maximum amount of HouseWorks Repair assistance that a household can receive is $10,000 throughout the life of the program. The minimum amount of assistance a household can receive is $1,000. Program Match Requirement Applicants/grantees are required to match at least 50 percent of the requested HouseWorks Repair Program funds. For example: If an organization is requesting $10,000 in HouseWorks Repair Program funding, it would be required to provide at least $5,000 in matching resources. The following is a list of resources that an applicant may propose to meet the program match requirement: Cash Volunteer Labor (valued at $10 per hour) Donated Materials Page 3 of 8 Purchase ADD: January 26, 2015 Page 92 In-Kind Administrative or Support Services Weatherization Funds Terms of Affordability HouseWorks Assistance funds will be secured by the following KHC provided documents: A mortgage Five-year deed restriction The administrating agency is responsible for preparing the mortgage and deed restriction and recording both the mortgage and deed restriction in the county in which the property is located. Additionally, any costs associated with the recording of these documents will be the responsibility of the administering agency. If the property is sold, leased, refinanced or no longer used as a primary residence of the assisted homeowner, the unforgiven portion of the loan is repayable to KHC as program income. Insurance The homeowner must maintain all risk, fire and extended coverage, in form and with companies acceptable to Applicant for each activity in an amount not less than the AHTF investment in the property. Each policy must include appropriate loss payable clauses in favor of Applicant, as beneficiary, and without right of cancellation or change except upon thirty (30) days’ written notice to Applicant. Homeowner will deliver proof of all insurance to Applicant prior to the investment of funds in the property. Eligible Improvements (Health and Safety Issues) Eligible improvement and/or repairs include the following: Plumbing o Funds may be used for modest but complete functioning plumbing facilities, including adapting existing plumbing facilities for use by person with disabilities. Funds are limited to one full bath per household. Eligible activities include: water wells, water pumps and public water supply hookups. All plumbing installed or repaired under this program must be in compliance with the Kentucky Plumbing Code. Inspections must be made by the appropriate authorities (authority) and the contractor must supply Recipient, KHC and the participant family with a copy of the plumbing permit and proof of final inspection. For projects where the state plumbing code does not require a permit or inspection, KHC reserves the right to require an inspection. Water Quality o Funds may be provided to upgrade existing individual sewage treatment systems. Funds may be used for Health Department-approved septic systems or Division of Water-approved individual sewage treatment systems, or hookups to Division of Waterapproved community sewage treatment facility. Permits and inspections are required. Energy Efficiency Guidelines o Funds may be used to provide adequate insulation in ceilings, walls, floors (in order of priority); replacement of single-glazed windows with insulated glass windows; and replacement of up to two exterior doors (no greater than one-half glass). French doors, Page 4 of 8 Purchase ADD: January 26, 2015 Page 93 sliding glass doors and patio doors are not permitted. Funds may be used to provide new heating systems, including those fueled with gas, oil, propane, coal, wood or electricity. For replacement of central systems, the participant family must provide documentation from a certified HVAC contractor demonstrating why repair to the existing heating system would be cost prohibitive or – after repair – would be inadequate to meet needs during winter months. Any existing heating system less than five years old is not eligible for replacement. Exceptions to this rule include: conversion to a central heating system from a coal, oil, gas or wood-fired space heater (non-central system). o All newly-installed central systems must be energy efficient. Gas furnaces must have a 90 percent or higher efficiency rating. Heat pumps must have a “HSPF” of 8.5 and “SEER” efficiency rating of 14.5 or higher respectively. Central systems of straight electric resistance heat, such as baseboard heaters or electric furnaces, must be avoided whenever possible. Existing ductwork must be tested for air tightness and must meet the minimum leakage rate prescribed in the current mechanical code. All flues must be visually inspected for compliance with the current applicable NFPA code. Air Conditioning o KHC funds may not be utilized to provide window-type air conditioning units. However, KHC funds may be utilized to provide central air conditioning serviced by a heat pump. Exceptions would be made to provide reasonable accommodation for participant families who provide documentation by a licensed Kentucky physician or advanced registered nurse practitioner that the participant family has a medical condition that requires air conditioning. Roof Repairs o Roof systems deteriorated to a point that the roof covering admits rain or fails to prevent dampness in the interior structure may be replaced with KHC funds. Wind, hail, or otherwise damaged roofs in need of minor repairs, not covered by insurance, may be patched and repaired as needed. Soffits, fascia, gutters and downspouts are eligible for funding with roof repairs. Smoke Detectors o Every unit assisted with funding from HouseWorks shall be equipped with an existing functioning smoke detector or be furnished with new battery operated smoke detectors during the repair process Incidental Improvements Bathroom Additions o In the event space is required to provide room for a bathroom and washer/dryer hookups, KHC funds may be utilized to build a modest addition to an existing structure. Typical bathrooms may not exceed 40 square feet and utility rooms may not exceed 50 square feet. Handicapped-accessible bathrooms may be up to 90 square feet. All work performed on a newly-constructed addition must meet the requirements of the Kentucky Residential Code and any successor code in effect in the Commonwealth of Kentucky at the time the construction is performed. A thermostat-controlled source of heat must be provided to the bathroom and utility room either via a central system or individual space heater. Electrical Wiring Page 5 of 8 Purchase ADD: January 26, 2015 Page 94 o Wiring incidental to any of the above-mentioned repairs is eligible including new main service. All new wiring must be inspected by a Commonwealth of Kentucky-certified electrical inspector. The contractor must furnish the owner, recipient and KHC a copy of the inspection reports regardless of the level of electrical wiring provided. Manufactured Housing/Mobile Homes (HUD Code Homes) Repair of HUD Code Homes is an eligible activity if they meet recipient minimum requirements. In addition, the home must be attached to a permanent foundation, featuring poured concrete footers per code requirements under all bearing piers. The dwelling must have a permanent set of steps at both the front and rear doors which meet the requirements of the Kentucky Residential Code. All homes must employ strategies to prevent freezing of water lines. All exposed water pipes located outside the conditioned space must be insulated to further prevent freezing. Handicapped Accessibility KHC funds may be used to physically adapt a home for handicapped accessibility including wheelchair ramps, door widening, bathrooms, kitchens and other rooms as necessary for accessibility. Page 6 of 8 Purchase ADD: January 26, 2015 Page 95 How The HouseWorks Repair Program Works To be eligible, organizations must have received HouseWorks funds between 2011 – 2014. Eligible organizations are required to submit a HouseWorks Repair Program Application through the Universal Funding Application. Applicants will be evaluated on the following review criteria: o Capacity o Program Design o Agency Experience o Households Assisted Applications will be reviewed on a first-come, first-served basis, prioritized by the date and time submitted. After the application review is complete, a letter will be sent to the applicant indicating one of the following: o The application has been selected for funding. o The application was not selected for funding. The applicant may resubmit an application as long as the application round remains open. Once an applicant is approved for funding, a grant agreement will be executed by the applicant and Kentucky Housing Corporation. Applicants/grantees can request funds for qualified homeowners, on a case-by-case basis, by submitting a HouseWorks Repair Program set-up packet, once the homeowner is deemed qualified by the agency. There is not a limit on the number of set-up packets that may be submitted at one time for eligible homeowners. Final approval of the HouseWorks Repair Program set-up packet will be made by KHC staff and will depend on the availability of funding. Once KHC has approved the set-up packet, KHC will issue an activity number for the eligible household. The applicant/grantee will be responsible for completing the KHC approved mortgage and deed restriction documents and having them recorded. Recorded documents must be returned to KHC with the Project Completion Packet. Draw Request. Disbursement will be made to the applicant/grantee. Applicant/grantee will be responsible for obtaining a lien waiver from the Contractor. o Participating organizations are limited to two (2) draws per unit. These draws must be submitted on the KHC universal draw form located at www.kyhousing.org. Expiration of Funds. Any funds uncommitted/unexpended by the project completion deadline in the funding agreement will be automatically recaptured. Page 7 of 8 Purchase ADD: January 26, 2015 Page 96 Inspections. KHC will inspect a minimum of 20 percent of the total units in the project. The program representative will determine whether the unit is subject to inspection by KHC. Each program representative/specialist will notify the applicant in advance of inspections. o o KHC reserve the right for the KHC construction specialist to randomly select units for inspection for quality control measure. Units selected for quality control must be inspected before the final draw for the unit is released. Units selected for inspection must have a representative from the applicant agency attend each inspection and bring a copy of the draw form. Final Inspection Report. A final inspection report, if applicable and pictures of the completed work must be submitted with the final draw request. Re-Inspection Fee. circumstances: o o o o KHC will charge a “re-inspection fee” of $200 under the following Units that a KHC inspector must perform more than one final inspection due to the project not being 100% complete. Failure by the agency to provide an agency representative on the project site during the inspection Unsuccessful attempts due to the agency not coordinating the inspection with homeowners or other involved parties which renders the unit inaccessible for inspection. A hazard exists on the project site at the time of inspection which endangers the welfare of the inspector. Examples: Bed bug infestation, poisonous snake infestation, uncontrolled animals, etc. Quality of Work. All work completed must meet state and local government safety and sanitation standards and building codes. The participating organization, homeowner, and contractor must comply with all applicable local, state, and federal flaws, including but not limited to lead-based paint abatement regulations. Rehabilitation Standards. The total scope of work must meet the Kentucky Residential Code (KRC), and local zoning, residential, and building ordinances (Local Ordinances), in force at the time of funding, regardless of what funding source is used when other funds are leveraged/matched to complete the work. KRC regulations shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings. Page 8 of 8 Purchase ADD: January 26, 2015 Page 97 Housing Contract Administration HOME INVESTMENT PARTNERSHIPS PROGRAM AND AFFORDABLE HOUSING TRUST FUND JANUARY 2015 ABBREVIATED FUNDING APPLICATION GUIDELINES Draft for Review and Comment SINGLE-FAMILY PRODUCTION Kentucky Housing Corporation 1231 Louisville Road Frankfort, KY 40601 (502) 564-7630 Kentucky Housing Corporation prohibits discrimination based on race; color; religion; sex; national origin; sexual orientation; gender identity; ancestry; age; disability; or marital, familial or veteran status. Purchase ADD: January 26, 2015 Page 98 Contents Section I - Introduction ................................................................................................................................. 5 Available Funds ......................................................................................................................................... 5 Program Purpose ...................................................................................................................................... 5 Affordable Housing Trust Fund................................................................................................................. 6 Program Definition ................................................................................................................................... 6 Community Housing Development Organization Set-Aside..................................................................... 7 Non-CHDO HOME and AHTF Applicants ................................................................................................... 7 Section II – Minimum Thresholds .............................................................................................................. 7 HOME and AHTF Application Thresholds ................................................................................................. 7 Section III – Funding Sources Available .................................................................................................... 8 Maximum Funding Requests .................................................................................................................... 8 Match and Leverage Requirements ......................................................................................................... 8 Eligible Forms of Matching Contributions ................................................................................................ 9 State Clearinghouse Review ................................................................................................................... 10 Section IV – Eligibility ............................................................................................................................... 10 Eligible AHTF Applicants ......................................................................................................................... 10 Eligible HOME Applicants ....................................................................................................................... 10 Eligible CHDO Set-Aside Applicants ........................................................................................................ 11 Eligible Project Types (HOME and/or AHTF)........................................................................................... 12 Eligible Beneficiaries ............................................................................................................................... 12 Eligible Activities ..................................................................................................................................... 13 Home Buyer Programs............................................................................................................................ 13 Homeowner Rehabilitation Programs .................................................................................................... 13 TBRA........................................................................................................................................................ 13 HOME CHDO Set-Aside ........................................................................................................................... 14 Ineligible Activities .................................................................................................................................. 14 Section V – Abbreviated Application Process ......................................................................................... 14 Application Preparation and Minimum Submission Requirements ....................................................... 15 Single Family Application Review ........................................................................................................... 16 Applicant Notification ............................................................................................................................. 16 Section VI – Program Guidelines .............................................................................................................. 17 HOME...................................................................................................................................................... 17 HOME TBRA ........................................................................................................................................ 19 AHTF ................................................................................................................................................... 22 JANUARY 2015 Application Guidelines Page 2 Purchase ADD: January 26, 2015 Page 99 Maximum Subsidy Per Unit .................................................................................................................... 23 Home Buyer Assistance ...................................................................................................................... 23 Homeowner Rehabilitation Assistance .............................................................................................. 23 Structure and Repayment of KHC Subsidy ............................................................................................. 23 Home Buyer or Homeowner Rehabilitation Programs ...................................................................... 23 TBRA Programs ................................................................................................................................... 24 Collateral................................................................................................................................................. 24 Insurance ................................................................................................................................................ 25 Recapture of Funds ................................................................................................................................. 25 Developer Fee ......................................................................................................................................... 26 Development Subsidy ............................................................................................................................. 26 Direct Subsidy ......................................................................................................................................... 26 Written Underwriting Standards ............................................................................................................ 27 Limit on Investment ................................................................................................................................ 27 Capacity .................................................................................................................................................. 27 Market Assessment ................................................................................................................................ 27 Financial Commitments .......................................................................................................................... 27 What Requirements Apply ................................................................................................................. 27 Front- and Back-End Ratios .................................................................................................................... 28 Income Documentation and Determination (24 CFR §92.203) .............................................................. 28 Liquid Assets ........................................................................................................................................... 28 Subsidy Analysis ...................................................................................................................................... 29 Home Buyer Value Limits ....................................................................................................................... 29 Home Buyer Counseling ......................................................................................................................... 30 Counseling Costs ................................................................................................................................ 30 Provider .............................................................................................................................................. 30 Project Completion ................................................................................................................................. 31 Section VII – Program Policies ................................................................................................................. 31 Program Policies ..................................................................................................................................... 31 Recordkeeping (24 CFR §92.508)............................................................................................................ 32 Program Administration ......................................................................................................................... 33 Compliance Monitoring .......................................................................................................................... 34 Conflict of Interest .................................................................................................................................. 34 Section VIII – Construction Criteria ......................................................................................................... 34 Construction Criteria .............................................................................................................................. 34 Construction Management..................................................................................................................... 35 Construction Contingency ...................................................................................................................... 36 JANUARY 2015 Application Guidelines Page 3 Purchase ADD: January 26, 2015 Page 100 Inspections.............................................................................................................................................. 36 Draw Requests ........................................................................................................................................ 37 Universal Design Standards .................................................................................................................... 37 Minimum Design Standards ................................................................................................................... 38 Construction Code Standards ................................................................................................................. 38 New Construction and Reconstruction................................................................................................... 38 Rehabilitation Standards ........................................................................................................................ 39 Green Building Techniques ..................................................................................................................... 40 Single-Family Plan Review ...................................................................................................................... 41 Archaeological Surveys ........................................................................................................................... 41 Phase I Environmental Surveys............................................................................................................... 42 Section X – TBRA Scoring.......................................................................................................................... 42 Section XI - Resources ............................................................................................................................... 44 Section XII – Quick Facts ........................................................................................................................... 47 JANUARY 2015 Application Guidelines Page 4 Purchase ADD: January 26, 2015 Page 101 Section I - Introduction Kentucky Housing Corporation (KHC) is pleased to offer an Abbreviated Application process to affordable housing developers, builders, and organizations across the state. Through this funding process, KHC provides financial resources and technical support to enable the development and rehabilitation of safe, quality, affordable housing to benefit Kentucky families and to provide Tenant-Based Rental Assistance (TBRA) to very-low income (less than 60 percent of area median income) households throughout the Commonwealth. The primary goals of the Abbreviated Application process are to ensure that the most viable projects are funded expeditiously and to enhance the state's capacity to create and preserve affordable housing by effectively blending resources. This guide informs applicants on how to apply for Housing Contract Administration resources available through the KHC Abbreviated Application process for single-family projects. This guide further explains program criteria and basic requirements, application expectations, and review processes. KHC reserves the right to amend these guidelines in order to fully implement and utilize the HOME Investment Partnerships Program (HOME) or Affordable Housing Trust Fund (AHTF) resources and to administer the programs as efficiently as possible. When applying for HOME Program or AHTF funds, applicants should consider this guide as part of the application. Applicants are expected to be familiar with the information contained in this guide, as well as all applicable federal regulations, state and local requirements, the HOME Program, and AHTF administrative certifications, and to incorporate them into their project design and implementation procedures. If funded, single-family projects will be governed by the cumulative information contained in these guidelines, the HOME Program regulations, the applicant’s application for funding, the grant agreements, and the HOME/AHTF Administrative Certifications. Recipients of funds will be expected to be familiar with and adhere to the guidelines and project design requirements described in the aforementioned documents. Available Funds Funding Source Amount Available HOME Regular Continuation^ HOME – CHDO Set-aside AHTF $2,578,740 $1,577,224* $2,879,273 Please note: Amount of available funds is approximate. *Community Housing Development Organization (CHDO) set-aside funds may also be allocated to rental production projects. ^Includes home buyer, homeowner rehabilitation, and Tenant-Based Rental Assistance activities. Program Purpose Through KHC’s Abbreviated Application process, applicants for single-family may apply for funding from the AHTF or HOME Program. No applications for TBRA will be accepted for funding at this time. Both sources of funding have specific purposes, which are explained below. When structuring a funding JANUARY 2015 Application Guidelines Page 5 Purchase ADD: January 26, 2015 Page 102 request, applicants are encouraged to review and consider how their request supports the purpose of the funds requested. Affordable Housing Trust Fund The AHTF was established by the Kentucky State Legislature to provide housing for very low-income Kentuckians. The fund was created in response to economic conditions, federal housing policies, and declining resources, which adversely affected the ability of very low-income persons to obtain safe, quality, and affordable housing. State leaders decided it was in the public’s interest to establish the AHTF to assist very low-income persons (at or below 60 percent area median income) in meeting their basic housing needs. There are four priorities for use of AHTF financing. 1. New construction projects for families (as defined in 24 CFR 5.403) submitted by nonprofits or local governments. 2. Projects using existing, privately-owned housing stock. 3. Projects using existing, publicly-owned housing stock. 4. Applications from local governments for projects that demonstrate effective zoning, conversion, or demolition controls for single-room occupancy units. As noted in KRS 198A.720 (6), a minimum of 40 percent of all funds received is for used rural areas of the Commonwealth. Those areas are defined by the board of directors of KHC. KHC reserves the right to make funding decisions to meet this requirement. Projects must be located in areas defined as rural by USDA Rural Development (RD). Applicants can determine if the property is in a rural area by accessing the RD Property Eligibility Site, “Single family” and then enter the property address. A copy of the eligibility determination must be provided with the project set-up. KHC has allocated approximately $2,879,273 of AHTF funds for single-family applications in this funding round. Program Definition Created by Congress in 1990, the HOME Program provides funding to applicants for various types of affordable housing production and rehabilitation. KHC administers and monitors the program for the U.S. Department of Housing and Urban Development (HUD), awarding funding to eligible applicants, including local governments, housing authorities, private developers, and nonprofit housing providers. The purpose of the HOME Program is to expand the supply of quality, affordable housing for low- (at or below 80 percent area median income) and very low-income (at or below 60 percent area median income) families. The HOME Program can be utilized to expand the supply of decent, safe, and sanitary housing through either new construction or rehabilitation of existing structures with forgivable deferred grants or by providing TBRA to address local housing needs and priorities. The HOME Program's flexibility empowers local communities to design and implement strategies tailored to their own needs and priorities. To request HOME Program funds, applicants may apply for funding within the following categories: JANUARY 2015 Application Guidelines Page 6 Purchase ADD: January 26, 2015 Page 103 Community Housing Development Organization Set-Aside The HOME Program regulations require that participating jurisdictions set aside a minimum of 15 percent of the annual allocation to fund applications submitted by Community Housing Development Organizations (CHDOs) on a statewide basis. Only CHDOs designated by KHC prior to the application submission date are eligible to apply under this set-aside. KHC has allocated $1,577,224 of HOME Program funds for eligible CHDO set-aside applications in this funding round; however, a portion of these funds may also be allocated to rental production projects. CHDOs may apply for home buyer new construction and/or acquisition/rehabilitation/resale projects from the CHDO set-aside. CHDOs acting in the role of sub-recipients may also submit an application for TBRA or homeowner rehabilitation activity, but these are not CHDO set-aside eligible activities. KHC’s CHDO Certification Manual is currently being revised. The manual will be available on KHC’s Web site, www.kyhousing.org, under Development, Single Family, Community Housing Development Organization (CHDO), Resources, CHDO Certification Manual. Until the revisions are posted, CHDOs are expected to comply with all HUD requirements, as defined in 24 C.F.R. §§ 92.300- 92.303. Non-CHDO HOME and AHTF Applicants Applicants that do not meet the criteria for the CHDO set-aside may apply for funding in the general Abbreviated Application process. KHC has allocated $2,578,740 of HOME Program funds for singlefamily in the Abbreviated Application round. Available funds will be awarded on a first come first served basis until all available funds are awarded. KHC reserves the right to use recaptured funds to assist a HOME-eligible project that lies within another participating jurisdiction's area, if deemed necessary by KHC and if HOME funds are available. In addition, KHC may, at its discretion, reallocate HOME Program funds from the abbreviated allocation to the CHDO set-aside allocation, or vice versa, to meet funding demands. Section II – Minimum Thresholds HOME and AHTF Application Thresholds To be eligible to apply in the Abbreviated Application round, previous applicants must meet the following thresholds: Applicants must have been awarded funds for Homebuyer or Homeowner Rehab between 2011 and 2014 in order to be eligible. HOME and/or AHTF funds awarded in 2011 or earlier (project numbers beginning with HB11 or HR11): 100 percent committed and 100 percent expended. All project completion report packets must be submitted to and approved by KHC no later than the application submission to KHC. HOME and/or AHTF funds awarded in 2012 (project numbers beginning with HB12 or HR12): 100 percent committed and 100 percent expended. HOME and/or AHTF funds awarded in 2013 (project numbers beginning with HB13 or HR13): 100 percent committed and 50 percent expended no later than the application submission to KHC. JANUARY 2015 Application Guidelines Page 7 Purchase ADD: January 26, 2015 Page 104 HOME and/or AHTF funds awarded in 2014 (project numbers beginning with HB14 or HR14): 50 percent committed and 15 percent expended no later than the application submission to KHC. Applicants requesting HOME or a combination of HOME and AHTF funds must propose HOMEeligible match of at least 10 percent of the total HOME request, except for TBRA projects. Applicant may use proposed AHTF to meet this match requirement. Section III – Funding Sources Available The following funding sources are available for single-family homeownership opportunities through the Abbreviated Application process: HOME Investment Partnerships Program (HOME) Affordable Housing Trust Fund (AHTF) In general, KHC will divide its total allocation of funding resources equally for single-family homeownership and multi-family projects, and will periodically review balances and move funds, as needed, to the activity generating the greatest demand. Maximum Funding Requests Applicants must meet minimum thresholds as described in Section II. Applicants must have been awarded funds for Homebuyer or Homeowner Rehab between 2011 and 2014 in order to be eligible. KHC limits the amount of funds an applicant may request: AHTF-Only Projects Maximum request is $200,000 of AHTF funds, inclusive of administrative fees. HOME and AHTF Combined Projects (non-CHDO) Maximum request is $500,000 of HOME and AHTF funds, inclusive of HOME developer fees, HOME administrative fees, and/or AHTF administrative fees, with a cap of $200,000 of AHTF funds. CHDO Set-Aside Projects Maximum request is $600,000 of HOME and AHTF funds, inclusive of HOME developer fees and AHTF administrative fees, with a cap of $200,000 of AHTF funds. TBRA Projects – NO APPLICATIONS WILL BE ACCEPTED AT THIS TIME Maximum request is $200,000 of HOME funds, exclusive of HOME administrative fees. KHC reserves the right to reduce requests based on capacity of the applicant or administrator. TBRA applications are for a two-year period. Match and Leverage Requirements All applicants must meet the minimum match requirements if requesting HOME funds for home buyer or homeowner rehabilitation projects. JANUARY 2015 Application Guidelines Page 8 Purchase ADD: January 26, 2015 Page 105 All applicants requesting HOME or a combination of HOME and AHTF funds for home buyer or homeowner rehabilitation activities are required to contribute HOME-eligible matching funds of at least 10 percent of the total HOME request. HOME applicants may use the AHTF to meet the match requirement. Commitment letters will be required for match funds. HOME matching funds are permanent, non-federal contributions to the project. All funding sources not HOME-match eligible are considered leverage. Leverage funds include all federal dollars, loaned funds, and owner cash. Contributions, i.e., donated materials, volunteer labor, or donated real property to be considered match contributions to the development of single-family housing may be credited as a match only to the extent that: 1. It enables the unit to be sold for less than the cost of development (if the development cost of a unit exceeds the market value). 2. The sales price of the housing is reduced by the amount of the contribution or, if the development costs exceed the fair market value of the housing, the contribution may be credited to the extent that the contributions enable the housing to be sold for less than the cost of development. Eligible Forms of Matching Contributions Matching contributions must be made from nonfederal sources and may be in the form of one or more of the following: Affordable Housing Trust Fund, if granted to a HOME project. Cash contributions, not provided by the assisted household. Reasonable value of donated site-preparation and construction materials; Reasonable rental value of the donated use of site-preparation or construction equipment. Waived fees and taxes. Property donation or below-market sale. A copy of the appraisal and/or purchase contract must be submitted. The donor/seller of the property must also provide a statement certifying that the property was donated or sold for affordable housing purposes and an acknowledgement that the donor/seller received the URA Guide Form Notice Disclosure to Seller, as well as the HUD booklet, “When a Public Agency Acquires Your Property.” If the property was originally acquired with federal funds, the value of the property is not matcheligible. The direct cost of donated home buyer counseling services provided to families that acquire properties with HOME funds under the provisions of 24 CFR §92.254, including ongoing counseling services provided during the period of affordability. Counseling may not be valued at more than $40 per hour. Reasonable value of donated or volunteer labor or professional services. Unskilled volunteer labor may not be valued at more than $10 per hour; skilled volunteer labor may be valued at the documented going rate. Value of sweat equity may also be eligible if every assisted household is required to perform sweat equity. Sweat equity may not be valued at more than $10 per hour. Cost of onsite or off-site infrastructure that is directly required. JANUARY 2015 Application Guidelines Page 9 Purchase ADD: January 26, 2015 Page 106 Proceeds from multifamily and single family affordable housing project bond financing issued by a state or local government, or an agency or instrumentality of a state or local government or a political subdivision of a state and repayable with revenues from the affordable housing project. Cost of supportive services provided to families residing in HOME-assisted units during the period of affordability or receiving HOME tenant-based rental assistance during the term of the tenant-based rental assistance contract. All match and leverage funds must be expended before completion of the project, i.e., submission of the project completion reports. Recognition of Matching Contribution (24 CFR 92.219). KHC will monitor HOME match-eligible housing to ensure continued compliance with the requirements of §§92.203 (income determinations), 92.252 (Qualification as affordable housing: rental housing), 92.253(a) and (b) (tenant protections) and 92.254 (qualification as affordable housing: homeownership). State Clearinghouse Review (HOME HOMEBUYER and HOMEOWNER REHAB PROJECTS ONLY - Not applicable to HOME TBRA) The Kentucky State Clearinghouse has been designated as the state Single Point of Contact (SPOC) and is charged with providing state and local input to the appropriate federal agency. At the state level, this task is accomplished by identifying those state agencies that should be involved in the planning and development of activities by Executive Order 12372 and providing these agencies with the opportunity to evaluate proposals in a timely, effective fashion. For the Clearinghouse review, go to https://kydlgweb.ky.gov/, then print and follow the directions. If you need help or have questions, please call Lee Nalley at (502) 573-2382 or e-mail [email protected]. Section IV – Eligibility All applicants for housing funds must be in good standing with the Kentucky Secretary of State’s office. Eligible AHTF Applicants Organizations eligible for funding from the AHTF include local governments, local government housing authorities, nonprofit organizations, faith-based and community service organizations, and regional or statewide housing-assistance organizations. Eligible HOME Applicants Funds may be provided to private developers, nonprofit organizations, Community Housing Development Organizations (CHDOs), faith-based and community service organizations, and units of local government in Kentucky. Please note, however, that private developers are ineligible to apply for owner-occupied rehabilitation projects. The city of Owensboro, the merged governments of Lexington/Fayette and Louisville/Jefferson counties, and the consortia consisting of the cities of Covington, Ludlow, Bromley, Newport, Bellevue, and Dayton receive a direct allocation of HOME funds from HUD. Projects within these areas are not eligible to apply for state HOME funds. JANUARY 2015 Application Guidelines Page 10 Purchase ADD: January 26, 2015 Page 107 Eligible CHDO Set-Aside Applicants Only nonprofit organizations that receive CHDO designation from KHC at the time of application will be allowed to receive funds from CHDO set-aside category. Organizations approved for CHDO designation will be required to certify CHDO eligibility for the specific type of project per 24 CFR §92.300 - §92.303 with each individual project set-up. 1. CHDO Staff Capacity. A CHDO must certify that it has capacity, demonstrated by CHDO having paid staff with demonstrated capacity to perform the role for which CHDO is being funded. CHDO staff can be full-time or part-time and can be contract employees. CHDO cannot count the experience of board members, donated staff, parent organization staff, or volunteers to meet the capacity requirement. A CHDO can only count capacity brought to the table by a consultant in the 1st year of participation. After that, the CHDO must demonstrate capacity based upon paid staff. The staff must have experience/capacity relevant to the specific project and its role as owner, developer or sponsor. If the CHDO is the owner, its staff must have the capacity to act as the owner (this may mean the ability to oversee development). If the CHDO is the developer or sponsor, its staff must have development experience on projects of similar scope or complexity. 2. CHDO as Owner. A CHDO can now own and operate rental housing it did not develop. In these cases, the CHDO will be the owner in fee simple or have a long-term ground lease during the development and affordability period. HUD changed the role of a CHDO rental owner so that the CHDO owns the rental property in fee simple during the affordability period, but does not directly undertake development of the property. The CHDO will acquire standard housing, or hire a project manager or contract with a developer to perform rehabilitation or construction. Assistance must be provided to the entity that owns the Project. 3. CHDO as Developer. In the developer role, the CHDO must own (in fee simple absolute or via the holding of a long-term ground lease) and directly develop the property. The CHDO, in its role as developer, will arrange financing and be in sole charge of construction or rehabilitation of the Project. In the case of rental projects, the CHDO will own the project during development and throughout the period of affordability, and will perform all development activities. For Homebuyer projects, the CHDO will own, rehabilitate or construct the Project, then will sell the Property. The written agreement with the CHDO must specify (1) the actual sales price or method for determining it; and (2) the disposition of proceeds of the sale (i.e., whether it will be returned to KHC or whether KHC will permit the CHDO to retain it). A nonprofit to which ownership of a rental project is transferred cannot be an organization created by a government entity. 4. CHDO as Sponsor. CHDOs can sponsor rental housing in two ways: a. It can develop rental housing on behalf of another nonprofit or CHDO and transfer title after construction is complete (title will be conveyed at a pre-determined time to a preidentified nonprofit/CHDO); or b. The rental housing is owned or developed by a (a) for-profit or nonprofit entity that is a wholly-owned subsidiary of the CHDO; (b) limited partnership (LP) of which the CHDO or its subsidiary is the sole general partner; or (c) a limited liability company (LLC) of which the CHDO or its subsidiary is the sole managing member. i. The written agreement must be signed by KHC and the entity that will own the project. ii. If the partnership agreement permits removal of the CHDO as the sole managing member or partner, removal must only be permitted for cause. The partnership agreement must specify that the CHDO must be replaced with another CHDO. 5. Organizations that create CHDOs. a. Organizations that create CHDOs may include for-profit and governmental entities. These organizations cannot appoint more than one-third of board members and those JANUARY 2015 Application Guidelines Page 11 Purchase ADD: January 26, 2015 Page 108 appointed board members may not appoint the other two-thirds of the board. In addition, neither officers nor employees of the organization that created the CHDO can serve as officers or employees of the CHDO. b. Neither officers nor employees of a governmental or public organization that creates a CHDO may serve as an employee of the CHDO. “Governmental or public organizations” include participating jurisdictions, public housing agencies, HFAs, redevelopment authorities and Indian tribes. 6. Recertification. Each time KHC commits HOME funds, it must recertify a nonprofit’s qualifications to be a CHDO and its capacity to own, sponsor or develop housing. The CHDO will be required, with each set-up, to certify that it still qualifies and is eligible to receive funding according to these guidelines. Eligible Project Types (HOME and/or AHTF) The following project types are eligible for funding: New construction. Acquisition, rehabilitation, and re-sale of existing single-family dwellings. Site development combined with new construction. Construction financing. Minor rehabilitation of owner-occupied units ($1,000 to $9,999 per unit). Moderate rehabilitation of owner-occupied units ($10,000 to $24,999 per unit). Substantial Rehabilitation of owner-occupied units ($25,000 or more per unit). Demolition and reconstruction of owner-occupied units. Tenant-Based Rental Assistance (HOME Only) NOT ELIGIBLE AT THIS TIME Relocation expenses (when combined with other HOME eligible activities). Reasonable administrative and planning costs. Conversion of existing affordable housing. Manufactured housing. Eligible Beneficiaries Single-Family Programs All program beneficiaries must be Kentucky residents. AHTF assistance may be provided to households with gross incomes at or below 60 percent of the area median income for the county in which the household resides. HOME assistance may be provided to households with gross incomes at or below 80 percent of the area median income for the county in which the household resides. TBRA Programs NO APPLICATIONS FOR TBRA FUNDING WILL BE ACCEPTED AT THIS TIME. KHC requires 100 percent of the units to serve households at or below 60 percent of the area median income. Additionally, 20 percent must serve households at or below 50 percent of the area median income, adjusted for household size as defined by federal Section 8 income guidelines. A household qualifies for TBRA assistance if its annual gross income does not exceed the Section 8 limit for 60 percent of area median income. Income of participating tenants must be verified before assistance is provided and re-examined annually thereafter. Income limits are established by household size and revised annually by HUD. If at annual re-examination a household’s income exceeds the Section JANUARY 2015 Application Guidelines Page 12 Purchase ADD: January 26, 2015 Page 109 8 Low-Income Limit, i.e., exceeds the 80 percent area median income, the household is no longer eligible for HOME TBRA and assistance must end. HUD’s income limits are typically updated each spring. Before submitting your application, please verify that you are using the most recent limits for Kentucky. A Web link to the current income limits can be found on KHC’s Web site, www.kyhousing.org, under Development, Single-family Programs, Reference Material, HOME Income Limits. Eligible Activities Applicants may submit multiple applications; however, the total allocation any one applicant can receive for all applications is limited to $500,000 for non-CHDO applicants and $600,000 for CHDO applicants. The following project activities are eligible for funding: Home Buyer Programs New construction. Acquisition, rehabilitation, and re-sale of existing, vacant single-family dwellings (minimum of $5,000 in rehabilitation costs). Construction financing, including land acquisition and site development (may convert to permanent financing, based on the assisted household’s need). Homeowner Rehabilitation Programs Owner-occupied rehabilitation that involves one or more of the following activities: Minor rehabilitation – rehabilitation between $1,000 and $9,999 per unit. Moderate rehabilitation – rehabilitation between $10,000 and $24,999 per unit. Substantial rehabilitation – rehabilitation over $25,000 per unit. Demolition and reconstruction of existing owner-occupied, single-family dwellings. Reconstruction of units that are not standing at the time of commitment provided the funds are committed within 12 months of demolition of the unit. Prior approval by KHC is required. Please Note: For-profit organizations are not eligible to request HOME funds for owner-occupied rehabilitation projects. Owner-occupied rehabilitation projects must address a minimum of $1,000 in code violations. TBRA NO APPLICATIONS FOR TBRA FUNDING WILL BE ACCEPTED AT THIS TIME. TBRA funds may be used: To provide rental assistance to help pay the cost of monthly rent and utility costs. To pay security deposit assistance to tenants regardless of whether rental and utility subsidies are being provided. To pay security and utility deposit assistance only. Ineligible uses of TBRA Funds: Application fees for housing units. Applicant background checks. JANUARY 2015 Application Guidelines Page 13 Purchase ADD: January 26, 2015 Page 110 Telephone and cable deposits. Utility deposit assistance may be provided only in conjunction with rental assistance and/or security deposit assistance. TBRA funds can cover related soft costs for a TBRA project which include unit inspections and income determinations. HOME TBRA funds may be used to pay for reasonable planning and administrative expenses associated with operating a TBRA program. Administrative funds are limited to 10 percent of the project amount. For example, a $50,000 project allocation would support a $5,000 administrative fee for a total award of $55,000. HOME CHDO Set-Aside For organizations that are applying for CHDO set-aside funds, the activity proposed must include one of the following: Acquisition and moderate-to-substantial rehabilitation of existing home buyer housing (minimum of $5,000 in rehabilitation); or New construction of home buyer properties. HOME CHDO set-aside funds must be used during the construction or rehabilitation. Ineligible Activities Homeownership funds may not be used for: Finished basements. However, partial unfinished basements may be permitted on a case-bycase basis if the existing topography of the site would yield a sub-surface area large enough to be usable by the assisted household (new construction or reconstruction units only – requires prior approval). Luxury items including, but not limited to: o Swimming pools. o Garages, unless required by a neighborhood or subdivision covenant, or are an existing attached structure. o Fences (other than those required for security). o Television satellite dishes. o Upgrades to surfaces, furnishings, fixtures, appliances, etc. Nonessential landscaping (unless installed as part of green building design) and other yard or nonstructural improvements, except fences. Rehabilitation of accessory structures, unless specifically authorized by the agency for health and safety reasons. Additional rooms, except as required by the Kentucky Residential Code. Rehabilitation damaging to the historical character or value of a structure as determined by the State Historic Preservation Officer of the Kentucky Heritage Commission. Refinancing of existing debt. HOME-assistance of less than $1,000. Down payment, closing costs and/or principal reduction without construction financing. Reconstruction of a unit that was not standing at least 12 months prior to the commitment of HOME funds. Section V – Abbreviated Application Process All applicants are required to submit an application to KHC. The application focuses on the overall concept of the proposed project, as well as the more technical components, such as project design, site JANUARY 2015 Application Guidelines Page 14 Purchase ADD: January 26, 2015 Page 111 information, community need, financial underwriting, ready-to-proceed issues, and capacity to undertake the project, anticipated budget, and funding requests. The application checklist should be used as a guide for the applicant to ensure that all required documentation is included with the application. Any application that is missing one or more of the required sections will be considered incomplete. Application Preparation and Minimum Submission Requirements The application is created and submitted through KHC’s online application system. A complete application must be transmitted to KHC. KHC will send an e-mail notification to the applicant once the application has been transmitted successfully. Applications that do not meet the following minimum submission requirements will not be eligible for application review. Applications will be reviewed and funded in the order they are submitted to KHC. The application will remain open until all funds are committed and KHC closes the application process. All applications must meet the following criteria: Be submitted in the current application version and all applicable attachments must be uploaded to KHC’s system as part of the application submittal. Be limited to the applicable caps for funding. Be proposed by an eligible applicant type for an eligible activity. Not include funding from any previous KHC-approved HOME and/or AHTF projects, including awards made to any other applicants. There is a $100 non-refundable application fee for nonprofit organizations and units of local government and a $250 non-refundable application fee for for-profit applicants. KHC must receive the appropriate application fee along with the application at the following address: Kentucky Housing Corporation Housing Contract Administration 1231 Louisville Road Frankfort, KY 40601 Applicants are strongly encouraged to submit their application fee prior to submitting their application. If the fee is not received within 24 hours of the date and time the application is received through the UFA, the application will be rejected. Applications must be submitted in the current application version and all application attachments must be uploaded to KHC’s system as part of the application submittal. Each application must be for an eligible project type and propose an eligible activity. All applicants must request all KHC funds required for the project in one application. Previously-funded projects cannot access additional funds through the abbreviated application process. JANUARY 2015 Application Guidelines Page 15 Purchase ADD: January 26, 2015 Page 112 Applicants requesting HOME Project funds for Homebuyer and Homeowner Rehab, must also submit to the State Clearinghouse via the Department of Local Government’s online system, at https://kydlgweb.ky.gov. Successful submission to the online Clearinghouse system will generate a confirmation that includes the State Application Identification (SAI) number. A copy of this confirmation is a required checklist attachment for the KHC application. It is recommended applicants contact the State Clearinghouse as soon as possible to ensure an official confirmation from the clearinghouse system. Applicants must upload all required attachments via the online application system. No new plans and specifications will be accepted during this abbreviated application. For the application to be complete, the Cost Summary in Excel format must be uploaded to the electronic application. The application attachments must be identified with the name of the attachment and uploaded in the order in which they are listed on the application checklist. If the application does not meet the minimum submission requirements, the applicant will be notified that the application has not been accepted for review. Applications that are not accepted may be resubmitted during the open application period and will be reviewed in accordance as received. Applications will be reviewed first-come, first-served, based on date and time submitted. Applicants will be notified via weekly eGrams of the amount of funds committed and the remaining funds available. In the event that contradictory statements appear in the application, KHC reserves the right to request clarification from the designated applicant contact person. Single Family Application Review NOTE: During the January 2015 Abbreviated Application Round, applications submitted will be reviewed on a first-come, first-served basis. Funding allocations will be made in the order the application is received until all funds have been disbursed. If an applicant is applying for more than one activity, each application will be reviewed independently. During this application round the following sections will be reviewed: Capacity Scorecard o Thresholds o Outstanding delinquent HOME loans serviced by KHC Project Summary o Number of units proposed Cost Summary Match/Leverage Commitments Ready to Proceed Underwriting Criteria Applicant Notification After the application review is complete, a letter will be sent to the applicant indicating one of the following: JANUARY 2015 Application Guidelines Page 16 Purchase ADD: January 26, 2015 Page 113 The application has been selected for funding. The application was not selected for funding. The applicant may resubmit an application as long as the Abbreviated Application round remains open. Execution of the HOME and/or AHTF funding agreement will occur after the successful review of application and availability of funds. If you have any questions, you may contact your current program representative directly. If you do not have an assigned program representative, you may contact Davey King, managing director of Housing Contract Administration, toll free in Kentucky at 800-633-8896 or 502-564-7630, extension 412; TTY 711; or email at [email protected]. Section VI – Program Guidelines HOME At the time of publication, the following guidelines are available for program implementation. KHC is updating policy and procedures that will be available at www.kyhousing.org. All recipients must comply with HUD’s Final Rule. HUD’s Final Rule is available at www.hud.gov. The minimum HOME permanent investment is $1,000 per assisted unit (not applicable to TBRA). Administrative fees are provided to recipients in the form of a grant and should not be secured in the promissory note with the end beneficiary. Administrative fees are a grant to the administrator. The administrative fee requested cannot exceed 10 percent of the total HOME request. Administrative fees are allocated for homeowner rehabilitation projects or when a home buyer program is being administered by a third-party administrator. To be eligible for a "developer fee," an applicant must be "developing" housing. State recipients, i.e., city or county applicants, of HOME funds for a home buyer program will receive administrative funds and are not eligible for a developer fee. KHC will review proposed administrative or developer fees and may award amounts less than those requested by the applicant. Administrative and developer fee funds must be prorated according to the number of units stated in the funding agreement. KHC will hold 10 percent of the funds until receipt of the project completion report packet for each unit. Applicants must draw administrative or developer fees only in direct proportion to the expenditure of project funds. An increase in the number of units due to program income or additional funding sources will not increase the amount of administrative or developer fee funds. KHC reserves the right to reduce administrative funds or developer fees on a pro rata basis if a project does not complete the number of units as proposed in the application. If a homeownership unit is not complete by the deadline imposed in the funding agreement and the applicant has not requested or received an extension from KHC, all or a portion of the HOME developer fee for that unit or administrative fee may be recaptured. JANUARY 2015 Application Guidelines Page 17 Purchase ADD: January 26, 2015 Page 114 Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing. Note: the use of HOME/AHTF funds must result in a unit of affordable housing. Land acquisition or demolition that does not result in a unit of affordable housing is ineligible. HOME funds may be used to purchase and/or rehabilitate a manufactured housing unit or purchase the land where a manufactured housing unit is located. Except for existing, owneroccupied manufactured housing that is rehabilitated with HOME funds, the manufactured unit must, at project completion, be on a permanent foundation, be connected to permanent utility hook-ups, and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equivalent to the applicable period of affordability. Manufactured housing must meet all applicable state and local construction standards. The real property on which the manufactured home is located must also meet all zoning requirements. o The use of manufactured housing may qualify as an eligible CHDO activity, provided the CHDO is acting as the owner, developer, or sponsor of a project in accordance with all HOME Program requirements. To be a CHDO-eligible activity, the CHDO must undertake the final development of the housing unit by removing the drawbar and coupling mechanism, running gear, assembling, tires, and lights. Additionally, the CHDO must install the unit on a permanent foundation, finish the interior, install the flooring systems, HVAC systems, plumbing system, and roofing system, as well as adhere to all of KHC’s Minimum Design Standards. A manufactured home that is built on a chassis (as opposed to modular, which is constructed off site and delivered by truck) is issued a motor vehicle title. Recording a mortgage against the real property to secure a loan does not automatically secure the home in these cases. Recording a mortgage and a motor vehicle lien perfects the lien. Alternatively, provided the manufactured home is permanently attached to a foundation (with axles and towing gear removed), the applicant and homeowner may surrender the Kentucky Certificate Title and file an Affidavit of Conversion to Real Estate with the county clerk where the property is located. By doing this, a mortgage is the only lien required. The manufactured home becomes “real property” instead of “personal property.” Replacing existing housing with like housing is considered a homeowner rehabilitation activity (24 CFR 92.205). For example, replacing a manufactured housing unit with another manufactured housing unit or replacing a stick-built unit with another stick-built unit. Replacing existing housing with unlike housing is considered a home buyer activity (24 CFR 92.205). For example, replacing a manufactured housing unit with a stick-built unit. Applicants are responsible for ensuring that HOME and/or AHTF units are properly insured during the construction/rehab process. Applicant’s mortgage document must contain provisions that requires for assisted property to remain insured throughout the period of affordability. For all properties assisted with HOME and/or AHTF funds, the homeowner must maintain all risk, fire and extended coverage, in form and with companies acceptable to Applicant for each homeowner or homebuyer activity in an amount of not less than the HOME or AHTF investment in the property. Each policy must include appropriate loss payable clauses in favor of Applicant, as beneficiary, and without right of cancellation or change except upon JANUARY 2015 Application Guidelines Page 18 Purchase ADD: January 26, 2015 Page 115 thirty (30) days’ written notice to Applicant. Homeowner will deliver proof of all insurance to Applicant prior to the investment of HOME or AHTF funds in the property. All households assisted must be income eligible based on the anticipated gross income as determined by the Section 8 method (24 CFR, Part 5) of income determination. All income and assets must be third-party verified. The income of the applicant includes all household income and the actual or imputed income from assets of all household members. Imputed asset income must be determined using current passbook savings rate, as published by HUD. Income and asset verifications are valid for 180 days prior to the execution of the HOME written agreement. If more than 180 days elapse after the verifications are completed, but before the HOME written agreement is executed, the recipient must re-verify all household income and assets using the Section 8 method. When determining income eligibility, at least 2 months’ worth of source documentation must be reviewed. The income of ALL adult household members must be counted. All programs must comply with the HOME regulations in effect at the time of this application, the Consolidated Plan, the Action Plan, and other items as required. Units of local government must submit an Environmental Review Record (ERR) prior to release of funds. KHC will review for concurrence with its findings. KHC will perform the review for nonprofit and for-profit organizations. No funds may be committed or expended on any unit until environmental clearance is given. Units must have a viable sales contract at the time the unit is submitted to KHC for set-up. KHC does not allow HOME funds to be provided for units that are not pre-sold (spec houses). Any unit not sold within nine months after completion, the HOME funds must be returned to KHC. A ratified sales contract can be used to demonstrate a sale. All other funds must be secured and committed (evidenced by a commitment letter) prior to entering into a HOME contract with any buyer. If a non-governmental lending agency is providing both the first mortgage financing and the HOME assistance, KHC will be required to verify the income eligibility of the end-beneficiary and must inspect the housing for compliance with applicable property standards. KHC must review the terms and conditions of private loan documents to ensure they are sustainable and not predatory per 24 CFR §92.254(f). Lenders cannot charge fees for HOME dollars. HOME TBRA NO APPLICATIONS FOR TBRA FUNDING WILL BE ACCEPTED AT THIS TIME. JANUARY 2015 Application Guidelines Page 19 Purchase ADD: January 26, 2015 Page 116 KHC will review proposed administrative fees and may, at its discretion, award an amount less than that requested by the applicant. Applicants must draw administrative fees in proportion to the expenditure of project funds. KHC reserves the right to reduce administrative funds if a project does not complete the number of units as proposed in the application. All programs must comply with the HOME regulations, Consolidated Plan, the Action Plan and other items as required. Recipients must immediately report to KHC any real, potential, or perceived conflict of interest, as outlined in 24 CFR Part 35 and 24 CFR Part 84 and or 85, as applicable, regarding the receipt of, assistance provided with, or expenditure of HOME funds. For example, a potential or perceived conflict of interest may exist when a relative (sibling, cousin, parent, etc.) of the applicant’s staff, developer’s staff, etc., applies for housing assistance through a HOME-assisted program or in a HOME-assisted property. Units of local government must submit an environmental review record prior to release of funds. KHC will perform the review for nonprofit and for-profit organizations. In either case, this type of program is normally exempt and the environmental review is solely for documentation that the determination has been made. All projects must comply with 24 CFR, Part 58, Environmental Regulations, regarding activity within a floodplain. 100 percent of TBRA households must be at or below 60 percent of the area median income. Additionally, 20 percent must serve households at or below 50 percent of the area median income. Utility deposit assistance may be provided only in conjunction with either a rental assistance or security deposit program. Applicants proposing to administer a HOME TBRA program must design their program so that portability of the assistance is only transferable within the applicant’s service area. HOME TBRA programs cannot provide assistance application fees, background checks, or landlord vacancy and/or damage claims. The applicant understands that the client cannot be receiving rental assistance elsewhere. For example, a client that receives TBRA cannot receive Project-Based Rental Assistance also. Applicants must establish a minimum tenant contribution to rent. TBRA funds may be used for a lease purchase program, but TBRA funds may not be used for down payment or closing costs in conjunction with the lease-purchase program. TBRA may be conditioned on successful participation in a self-sufficiency program. TBRA may NOT be conditioned on participation in medical- or disability-related services, and cannot be administered in a manner that limits opportunities for persons with disabilities. Tenant Selection HOME TBRA programs must have a written tenant selection policy that clearly specifies how families to be assisted will be selected. This policy must be maintained on file and available to KHC, HUD, and the public upon request. If funded, it will be submitted to KHC as a part of the Technical Submission packet. Local preferences outlined in the tenant selection policy cannot be administered in a manner that limits the opportunities of persons based on race, color, religion, sex, national origin, disability, sexual JANUARY 2015 Application Guidelines Page 20 Purchase ADD: January 26, 2015 Page 117 orientation, gender identity, marital status, or familial status. A person given a preference for the HOME TBRA program may not be prohibited from applying for another program for which he or she might qualify. TBRA-Eligible Units HOME TBRA voucher holders may select units that are publicly or privately owned, but TBRA may not be provided to a household that proposes to rent a unit that receives Project-Based Rental Assistance through federal, state, or local programs, if the HOME assistance would provide a duplicative subsidy. Only units located within the agency’s TBRA service area are eligible to be leased. Units must rent for a reasonable amount compared to rents charged for comparable, unassisted units. The HOME TBRA applicant shall establish a rent comparable book. The applicant may either contact their local public housing authority to copy their book or create their own. Tenants may only use HOME TBRA in units that meet Section 8 Housing Quality Standards. Inspections must be made at initial occupancy and annually during the length of TBRA. TBRA Deposit Assistance HOME TBRA recipients may provide security and/or utility deposit assistance provided there is a separate determination of need. HOME regulations allow the security deposit payment to be made to the tenant or the owner and the utility deposit payment to be made to the tenant or the appropriate utility company. KHC recommends that deposit payments be made directly to the owners and utility companies. The amount of security deposit paid should be based upon local market practice. However, the maximum amount of HOME funds that may be provided for a security deposit is the equivalent of two months’ rent for the unit. Only the prospective tenant, not the owner or landlord, may apply for HOME security deposit assistance. Please note: Must be in the form of a grant to, or on behalf of, the tenant. Utility deposits may be made in conjunction with the provision of rental assistance or security deposit programs, but cannot be operated separately as a “stand alone” program. Utility deposits may be paid for any of the tenant-paid utility services included on the utility allowance schedule. Telephone and cable deposits are ineligible. Please note: The funds must be in the form of a grant to, or on behalf of the tenant. TBRA Payment Standards The HOME Program offers three choices for setting the payment standard: The payment standard may be based upon the Section 8 Existing Housing Fair Market Rent (FMR). Using this method, the payment standard for each unit size may be no less than 80 percent of the published FMR and not more than the published FMR or HUD-approved community-wide exception rent in effect at the time. This method is attractive because it requires little market analysis on the part of the HOME recipient. Because HUD’s FMR market areas are quite large, the published FMR may be dramatically high or low for a specific jurisdiction within the FMR area. For this reason, the HOME Program offers a second option for establishing the payment standard. The payment standard may be established at any level (higher or lower than the FMR), based upon the applicant’s own market JANUARY 2015 Application Guidelines Page 21 Purchase ADD: January 26, 2015 Page 118 analysis. To exercise this option, the applicant must document the results of the market analysis. For the counties that KHC’s Rental Department serves, the applicant may use KHC’s Payment Standards, which are updated in October each year. Those Payment Standards are available on KHC’s Web site, www.kyhousing.org. If the applicant is proposing to serve a county outside of KHC’s jurisdiction, they may contact the local public housing authority for those counties and use their Payment Standard. HOME TBRA funds cannot be used: To make commitments to specific owners for specific projects. Tenants must be free to use the assistance in any eligible unit. To assist resident owners of cooperative housing that qualifies as homeownership housing. Cooperative and mutual housing may qualify as either rental or owner-occupied housing under the HOME Program, depending upon the provisions of the agreement applying to the unit. To prevent displacement of or provide relocation assistance to tenants as a result of activities other than the HOME Program. To provide TBRA to homeless persons for overnight or temporary shelter. The HOME TBRA subsidy must be sufficient to enable the homeless person to rent a transitional or permanent housing unit that meets Housing Quality Standards (HQS). Provide assistance for more than 24 months. Tenants may choose any eligible unit within the applicant’s proposed service area. Applicants should clearly indicate the service area in their applications and should verify that the proposed service area does not extend beyond any such area stated in the agency’s by-laws. HOME TBRA programs will use the Section 8 Part 5 Housing Choice Voucher method of subsidy calculation (amount of housing cost paid by the applicant on behalf of the tenant). All applicants must use the Section 8 Part 5 method of income verification. AHTF The maximum amount of AHTF funds that can be used for administrative purposes is 7.5 percent of the total AHTF request. Administrative fees are provided to recipients in the form of a grant. The minimum AHTF permanent investment is $1,000 per assisted unit. All single-family households assisted must be income eligible based on the anticipated gross income, as determined by the Section 8 (24 CFR, Part 5) method of income determination. All income and assets must be third-party verified when possible. The income of the applicant includes all household income and the actual or imputed income from assets of all household JANUARY 2015 Application Guidelines Page 22 Purchase ADD: January 26, 2015 Page 119 members. Imputed asset income must be determined using current passbook savings rate, as published by HUD. Income and asset verifications are valid for 180 days prior to the execution of a written agreement. If more than 180 days elapse after the verifications are completed, but before the AHTF legal documents are executed, the recipient must re-verify all household income and assets using the Section 8 Part 5 method. AHTF funds cannot be used for Tenant-Based Rental Assistance. Maximum Subsidy Per Unit Home Buyer Assistance HOME and/or AHTF funds may be requested to provide 100 percent of the construction financing needed for the project. HOME and/or AHTF funds, up to $40,000, may be used to assist home buyers in direct subsidy. However, the HUD HOME Final Rule prohibits over-subsidizing a property. As a means of determining that too much subsidy has not gone into a property, KHC requires that a minimum of 20 percent of the homeowner’s gross monthly income should go toward the payment of total monthly PITI. (For example, if the household income is $2,000 per month, the homeowner must spend a minimum of $300 toward total PITI, including repayment of the HOME loan.) The maximum amount of subsidy per home buyer shall be determined by: HOME funds may be used for development subsidy. However, development subsidy paid by the HOME funds or AHTF funds may not exceed $10,000 on any one unit. In the event the development subsidy exceeds $10,000, the applicant may use other funds with HOME or AHTF funds to cover the development subsidy. HOME funds cannot be used solely for development subsidy; there must be a minimum of $1,000 of HOME funds used as direct subsidy to the end beneficiary. Please note, for construction projects, KHC-administered funds, with the exception of mortgage revenue bond financing, may not be used to take out another KHC-administered construction source. Homeowner Rehabilitation Assistance The maximum amount of rehabilitation/construction financing per unit that can be requested is $60,000 of HOME and/or AHTF combined. All or a portion of the HOME and/or AHTF construction financing, up to $60,000, may remain in the unit as direct subsidy to the family. Structure and Repayment of KHC Subsidy Home Buyer or Homeowner Rehabilitation Programs For this Abbreviated Application ONLY, all HOME subsidy will be forgivable on a pro-rata basis per year over the term of the applicable affordability period. The funds must still be secured by a mortgage in favor of KHC and a due-on-sale clause to ensure repayment to KHC in the event of a transfer of ownership any time during the affordability period. Agencies that are permitted to retain CHDO proceeds or program income, and have the ability to service or contract with a servicer, may retain the proceeds or program income for use in another HOMEeligible activity. Those agencies must establish and comply with the following criteria: JANUARY 2015 Application Guidelines Page 23 Purchase ADD: January 26, 2015 Page 120 The maximum interest rate that can be charged is 5 percent per annum. The HUD HOME Final Rule prohibits over-subsidizing a property. As a means of determining that too much subsidy has not gone into a property, KHC requires that a minimum of 20 percent of the homeowner’s gross monthly income should go toward the payment of total monthly PITI. (For example, if the household income is $2,000 per month, the homeowner must spend a minimum of $300 toward total PITI, including repayment of the HOME loan.) TBRA Programs There is no repayment of HOME assistance for HOME TBRA activities by the individual households to the sponsoring agency. All HOME TBRA assistance to individual households will be in the form of a grant. In the event of non-compliance by a sponsoring agency, repayment of HOME TBRA funds to KHC will be required. Collateral Excluding administrative fees, environmental fees, TBRA assistance, and development subsidy, all KHC funds invested, regardless of amount or activity, must be secured by a first or second position mortgage lien, or, in the case of manufactured homes, secured by a mortgage lien on the real estate, and a title lien on the manufactured home. In all cases, a promissory note for the full amount of KHC funds is required as evidence of the obligation to repay the debt. Further subordination less than second position must be approved by KHC in writing prior to closing. The lien position of the KHC mortgage must be in direct relation to the amount of KHC funds invested, i.e., if the KHC mortgage is providing the majority of funds, it should be in first lien position. KHC requires the incorporation of deed restrictions to ensure the affordability period when HOME or AHTF funds are in a project. The deed restriction must be recorded in the office of the county clerk of the county in which the property is located. The deed restriction must remain in place for the entire affordability period as outlined below. All applicants are required to use the KHC-provided mortgages and promissory notes unless otherwise pre-approved in the Funding Agreement to use other legal documents. If the project includes Community Development Block Grant (CDBG) funds, KHC may remove this requirement if it is an involuntary relocation program. Furthermore, KHC requires that all recipients of HOME funds have a written agreement with the end beneficiary that meet the requirements of 24 CFR 92.504(c)(5). This agreement must be a standalone agreement. Sample documents are available at www.hud.gov. DIRECT SUBSIDY INVESTED AFFORDABILITY PERIOD HOME and AHTF $1,000 - $14,999 5 years HOME and AHTF $15,000 - $40,000 (HB or HR) 10 years HOME and AHTF $40,001 - $60,000 (HR) 15 years SOURCE OF FUNDS JANUARY 2015 Application Guidelines Page 24 Purchase ADD: January 26, 2015 Page 121 Insurance For all properties assisted with HOME and/or AHTF funds, the homeowner must maintain all risk, fire and extended coverage, in form and with companies acceptable to Applicant for each homeowner or homebuyer activity in an amount not less than the HOME or AHTF investment in the property. Each policy must include appropriate loss payable clauses in favor of Applicant, as beneficiary, and without right of cancellation or change except upon thirty (30) days’ written notice to Applicant. Homeowner will deliver proof of all insurance to Applicant prior to the investment of HOME or AHTF funds in the property. Recapture of Funds KHC reserves the right to: Withdraw its conditional funding commitment if technical submission items are not submitted by the applicant by the date referenced in the commitment letter. Recapture funds if funds are not committed and/or expended and construction completed by the dates referenced in the funding agreement, or if the project substantially changes after funding commitment. Periodically review the applicant’s progress toward timely commitment and expenditure of the HOME allocation. If KHC determines that the project is no longer feasible or is not progressing timely so that the imposed deadlines will be met, funds may be recaptured. KHC will recapture funds for any applicant who becomes suspended or debarred in accordance with KHC Suspension and Debarment Policy. KHC requires that applicants have all funds committed and expended within 24 months. Commitment means that the applicant must have a signed contract with the builder/contractor and homeowner. A set-up report must be submitted to KHC and entered into the HUD IDIS system. All funds (HOME and AHTF) must be committed within one year of the date of the funding agreement and completed within two years of the funding agreement date. KHC may recapture funds if the applicant has not met the commitment and expenditure deadlines as referenced in the funding agreement. However, KHC reserves the right to extend the date if extenuating circumstances prevented the commitment. KHC's goal is to avoid any federal recapture of funds and KHC will take the necessary steps to ensure this does not occur. In the event that KHC recaptures funds or has funds uncommitted, those funds will be made available through a reallocation process, the design of which will be determined by KHC. KHC may award additional funds to applicants who wish to continue projects within the same activity for which they were previously funded and who are using the same project design, provided the applicant has been monitored by KHC and no significant monitoring issues have been identified nor findings made. If the property is sold, leased, refinanced, or no longer used as the primary residence of the assisted homeowner, KHC may recapture the HOME funds. In the event the net proceeds from a sale are insufficient to repay KHC, the HOME investment and the agency, KHC will recapture the net proceeds. In the event of foreclosure, if the shared net proceeds are insufficient to repay the JANUARY 2015 Application Guidelines Page 25 Purchase ADD: January 26, 2015 Page 122 HOME funds, the HOME affordability may be terminated, subject to 24CFR Part 92.254(a)(5)(ii)(A). Other examples of situations that constitute recapture are included in the funding agreement. Applicants are advised to read those requirements carefully to avoid recapture of HOME funds. Developer Fee For new construction (which includes demolition/rehabilitation) projects, the maximum amount of HOME funds that can be requested as developer fee up to 15 percent of total development costs. Additionally, the amount of developer fee is limited to the amount of funds used as direct subsidy to the buyer, not including the developer fee; e.g., if $1,000 is used to assist the home buyer, the maximum amount of developer fee allowed would be $1,000. For acquisition/rehabilitation/resale projects, the developer fee is determined as follows: $1,000 to $50,000 in rehabilitation costs* – up to 20 percent of total rehabilitation costs; More than $50,001 in rehabilitation costs* – up to 20 percent of total rehabilitation costs capped at $15,000. * For the purposes of determining allowable developer fee in acquisition/rehabilitation/resale projects, “rehabilitation costs” include any necessary and customary development hard and soft costs, but exclude the developer fee, permanent financing fees, and the cost to acquire the unit. Developer fee may not be paid from AHTF funds. The developer fee is a soft cost (24 CFR 92.206(d)2) and is considered part of the total development cost. Any increase in project costs must be paid first from developer fee prior to requesting additional funds from KHC. Development Subsidy Development subsidy is only permitted for those entities that undertake development activities and are allowed to retain CHDO proceeds assuming the role of developer. In the event the total development costs exceed the appraised value, the house may not sell for more than the appraised value. The difference between the total development costs and the appraised value is development subsidy. KHC is permitting HOME and AHTF funds to be used to cover development subsidy up to $10,000 on any HOME/AHTF unit. However, if a unit has a HERS rating of 65 or below, the allowable development subsidy is increased to $15,000; for any unit with a HERS rating of 55 or below, the allowable development subsidy rating is increased to $20,000. Recipients will be required to submit documentation to KHC to support the necessity of a development subsidy. This may include but is not limited to an appraisal, a Certified HERS report, and a detailed final cost breakdown. Direct Subsidy The total amount of HOME funds that enabled the home buyer to buy the dwelling unit is considered the direct subsidy. This includes any HOME assistance that reduces the purchase price from the fair market value to an affordable price but excludes development subsidy. All HOME funds that are a direct subsidy to the home buyer must be secured as noted in the “Collateral” section above. JANUARY 2015 Application Guidelines Page 26 Purchase ADD: January 26, 2015 Page 123 Written Underwriting Standards KHC has developed and implemented written homebuyer policies that do more to ensure the sustainability of the HOME ownership situation for the low-income buyer over time. These underwriting standards for the homebuyer take into account housing debt, total debt, household’s recurring expenses and assets that are available for the purchase. KHC will also require every HOME applicant to have a minimum of $250 in cash reserves at the time the loan is closed. Every applicant will not receive the same amount of down-payment assistance. KHC adheres to sustainable lending procedures and requires other lenders of HOME recipients to provide sustainable lending products as well. KHC will examine the terms of private first mortgages that homebuyers secure (homebuyers who are receiving, for example, down payment assistance or buying a property) to ensure the terms of the loan are reasonable and sustainable. If the private first mortgages contain terms and conditions that are predatory or harmful to the homebuyer or homeowner (such as excessive fees or interest rates, balloon payments, adjustable interest rates, etc.), the homebuyer or homeowner will not be eligible to receive HOME funds from KHC. KHC will also look at the terms of refinanced/new mortgage to ensure terms that are reasonable, standard for the industry and not predatory or unsustainable. KHC will not subordinate its existing HOME loan(s) in the event of a refinance. KHC has also established written underwriting standards for the HOME Program that ensures that HOME investment and developer return is not excessive. The underwriting standards evaluate the home buyer’s housing debt, overall debt, monthly household expenses, assets available to acquire housing, and the financial resources available to the household to ensure that the appropriate amount of federal and state assistance being provided is appropriate in order to afford and sustain homeownership. Limit on Investment KHC will not invest more HOME funds, alone or in combination with other government funding, than is necessary to provide quality affordable housing that is financially viable. To this end, KHC will examine the sources and uses to determine whether costs are reasonable. In order to limit the amount of HOME investment, KHC will require a minimum front-end ratio (the minimum amount of gross monthly income a homeowner must spent toward principal, interest, taxes, and insurance (PITI) of 20 percent. Capacity KHC will assess the capacity of the developer to complete the development process and their fiscal soundness to ensure they have adequate resources and liquidity to make it through the development process and get the project completed. Market Assessment KHC will assess the current neighborhood market demand for the project before committing HOME funds. Financial Commitments KHC must receive and will assess firm, written financial commitments associated with the Project. What Requirements Apply JANUARY 2015 Application Guidelines Page 27 Purchase ADD: January 26, 2015 Page 124 Owner-Occupied Rehabilitation. When assistance is provided as an amortizing loan, subsidy layering requirements, if applicable, apply. Homebuyer Assistance (Down Payment Assistance Only). Underwriting analysis and subsidy layering requirements, if applicable, apply. Homebuyer and Rental Projects Involving Development. Underwriting, analysis, marketing analysis and plan evaluation of developer, and subsidy layering requirements, if applicable, apply. Front- and Back-End Ratios For all applicants, the maximum front-end ratio for principal, interest, taxes, and insurance (PITI) is 29 percent of the assisted household’s gross monthly income. The maximum back-end ratio for total longterm debt (six months or longer) plus PITI is 41 percent of the household’s gross monthly income. KHC has established a minimum front-end ratio of 20 percent (minimum PITI to gross monthly income cannot be less than 20 percent) to ensure the household is only receiving enough KHC assistance to complete the transaction and is not being over-subsidized. Based on this review, KHC may require the applicant to decrease the amount of KHC assistance and increase the amount of borrowed funds. If the review indicates that the household is being provided housing that is excessive in size or amenities, KHC may also require the applicant to reduce the size and scope of the project to provide more suitable housing as it relates to the household’s current needs. The goal of the HOME program is to assist lowincome persons to obtain safe, quality, and affordable housing that meets their basic housing needs. Income Documentation and Determination (24 CFR §92.203) The census long-form definition of income has been eliminated. KHC will use a single definition of income for each type of program it runs. Ex: KHC must utilize one definition of income for the down-payment assistance program. For rental projects, KHC can use different definitions for different projects, but KHC must determine which definition of income (e.g., Part 5 or Section 8 or IRS Adjusted-Gross-Income definition) it is going to permit a rental owner to use in a specific project. KHC will want to use the Part 5 definition for a low-income housing tax credit project and the IRS Adjusted Gross Income definition for a duplex or triple-decker with a small or individual owner. KHC has a choice, but the definition must be consistent. When KHC, a sub-recipient, or a state recipient project owner does an income determination to use in determining the eligibility of an applicant for HOME assistance, it must look at two months of income documentation. KHC does not allow “grossing up” non-taxable income for the purpose of determining ratios. Liquid Assets All applicants must establish a method to evaluate liquid assets and the ability of assisted households to financially contribute to the acquisition, construction, or rehabilitation of their housing to ensure that a minimum amount of KHC funds are used. All households utilizing HOME funds must contribute a minimum of $250.00 to the transaction. Additionally, each household must have a minimum of $250 of liquid assets (cash) in the bank at the time of closing KHC will allow an exception to the minimum $250.00 contribution and the minimum $250.00 liquid asset requirement if the ONLY source of household income is SSI or SSDI. JANUARY 2015 Application Guidelines Page 28 Purchase ADD: January 26, 2015 Page 125 Subsidy Analysis Before investing HOME and/or AHTF funds in a single-family dwelling, the applicant must assess if other assistance has been, or is expected to be, made available to that unit. In performing this evaluation, the recipient should consider the aggregate amount of assistance from other sources that is necessary to ensure the feasibility of the assisted project. Applicants should not provide a standard amount of HOME and/or AHTF funds for each assisted unit. Instead, the household’s ability to pay and availability of other loan and grant funds should be evaluated on an individual-unit basis. Only enough HOME and/or AHTF funds should be used to ensure the housing is affordable to the assisted household. Applicants must develop a written policy for this analysis and apply it uniformly to all clients. Additionally, applicants should consider the population being served when conducting the subsidy analysis review. For instance, if the targeted population is 60 percent of area median income, that results in one level of assistance; if the targeted population is very low-income, e.g., below 30 percent of area median, that will result in an increased level of assistance. Home Buyer Value Limits The Final Rule published on July 24, 2013, established new homeownership value limits for the HOME program. These new limits apply to homeownership housing when HOME funds are committed on or after August 23, 2013, and remain in effect until HUD issues new limits. For newly constructed housing, KHC has further restricted the purchase price/after-rehabilitation value limits to $150,000. Homeownership Cost Containment For existing housing, the new HOME homeownership value limit is the greater of: 95 percent of the median purchase price for the area based on Federal FHA single-family mortgage program data and other appropriate data that are available nationwide for sale of existing housing in standard condition, Or the minimum limit (or floor) based on 95 percent of the statewide, nonmetropolitan area median purchase price using this data. This limit encompasses the total purchase/rehabilitation price, regardless of source of financing. The current limits are: $142,000 Shelby County $138,000 Madison County $135,000 Lexington-Fayette, Lyon County $134,000 Perry County $133,000 Bowling Green MSA $131,000 Louisville Metro, Nelson County $128,000 Boyle and Calloway Counties $127,000 Elizabethtown MSA, Anderson and Garrard Counties $125,000 McCracken County $124,000 Cincinnati MSA, Christian, Johnson, Laurel, Mercer, and Pulaski Counties $123,000 Grant and Meade Counties $121,000 Pike County $119,000 All other counties in Kentucky. THESE LIMITS ARE SUBJECT TO CHANGE IN JANUARY OF 2015. FOR CURRENT INFORMATION, PLEASE CHECK: http://www.hud.gov/offices/cpd/affordablehousing/programs/home/limits/income/index.cfm. JANUARY 2015 Application Guidelines Page 29 Purchase ADD: January 26, 2015 Page 126 Please note: the purchase/rehabilitation price is the contract purchase price and does not include settlement charges. Cost effectiveness must be considered. KHC, at its discretion, may review work write-ups and cost estimates to ensure cost reasonableness and reserves the right to reduce funding on projects KHC deems not to be cost reasonable. KHC may also require additional supporting documentation for any activity that appears to have unusual or elevated costs. Home Buyer Counseling Housing Counseling is required for all home buyers receiving HOME assistance or purchasing a unit developed with HOME Funds or AHTF funds. Counseling Costs Counseling costs may be charged: 1. to HOME administration set-aside; 2. as a project-related soft cost; or 3. to the homebuyer, if the fee is reasonable. KHC has not set a policy on the number of hours or length of such counseling, but will review each application for reasonableness as a part of the application review. Provider KHC may determine the provider (KHC- or HUD-approved counseling agency, or other provider), content and length of the counseling. The counseling curriculum must prepare homebuyers not only for the process of purchasing the home, but also for budgeting, maintaining the home, and everything else during the affordability period. KHC recommends, but does not require, that all counseling components meet the current National Industry Standards for Homeownership Education and Counseling. In the near future, the Consumer Finance Protection Bureau will be issuing regulations that will apply to HOME Program. Once issued, recipients will be required to comply with the regulation. The current voluntary national standards can be found at www.homeownershipstandards.com. All housing counselors must comply with the requirements of Subtitle D of Title XIV of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the regulations implementing this Act, including, but not limited to: Ensure counseling covers the entire process of homeownership, from the purchase of a home to disposition. Ensure homeownership counseling is administered in accordance with procedures established by HUD. Require all HUD-related counseling is provided by HUD-certified counselors. Information about KHC’s post-purchase education is available on KHC’s website, under Homeownership, Education/Counseling, Post-Purchase Education and Predatory Lending. KHC’s post-purchase education guide in both Spanish and English may be downloaded, free of charge. JANUARY 2015 Application Guidelines Page 30 Purchase ADD: January 26, 2015 Page 127 Project Completion If a homeownership project is not complete by the deadline imposed in the funding agreement (using the agreement’s definition of completion), all or a portion of the HOME project funds, developer fee, or administrative funds may be recaptured. Homebuyer units rehabilitated or constructed with HOME funds must be sold to a HOME-eligible homebuyer within nine months of construction completion. Units that remain unsold for more than 9 months will result in the HOME funds for those units being recaptured by KHC. A ratified sales contract can be used to demonstrate a sale. If the project does not meet the commitment and/or expenditure deadlines as noted in the funding agreement, any uncommitted or unexpended HOME project funds are subject to recapture. For each unit assisted with HOME funds, a project completion report (PCR) must be submitted with the final draw request. For all units assisted with AHTF funds only, the AHTF closeout form and recorded deed restriction and mortgage must be submitted with the final draw request. All project completion documentation must include the required attachments. Section VII – Program Policies Program Policies KHC may, at its discretion, award an amount of funds less than that requested by the applicant. KHC reserves the right to reduce or limit professional fees, developer fees, or any fees that KHC deems excessive. No applicant will be allowed to change the type of activity for which they were funded. Applicants are responsible for retaining legal counsel on any legal matter pertaining to the administration of the project. KHC reserves the right to: o o Recapture funds if funds are not committed and/or expended and construction completed by the dates referenced in the funding agreement, or if the project substantially changes after funding commitment. Periodically review the applicant’s progress toward timely commitment and expenditure of the HOME allocation. If KHC determines that the project is no longer feasible or is not progressing timely so that the imposed deadlines will be met, funds may be recaptured. KHC requires that applicants have all funds committed by June 30, 2015. Construction must start within 12 months of commitment and expended within 12 months of the construction start. Commitment means that the applicant must have a signed contract with the builder/ contractor and homeowner. A set-up report must be submitted to KHC and entered into the HUD IDIS system. All funds (HOME and AHTF) must be committed within one year of the date of the funding agreement and completed within two years of the funding agreement date. JANUARY 2015 Application Guidelines Page 31 Purchase ADD: January 26, 2015 Page 128 KHC may award additional funds to applicants who wish to continue projects within the same activity for which they were previously funded and who are using the same project design, provided the applicant has been monitored by KHC and no significant monitoring issues have been identified nor findings made. Recordkeeping (24 CFR §92.508) Applicants are responsible for ensuring that the required financial records are maintained for the appropriate period of time for all HOME-assisted projects, including but not limited to the following. Such documentation must be available for review by KHC’s Compliance Monitoring staff or program staff. 1. General. KHC must establish and maintain sufficient records to enable HUD to determine whether KHC has met the requirements of §92.508. At a minimum, KHC must maintain the following records: (a) Records concerning KHC’s designation as a participating jurisdiction; (b) Program records; (c) Project records; (d) CHDO records; (e) Financial records; (f) Program administration records; (g) Records concerning other Federal requirements, including (i) equal opportunity and fair housing records; (ii) affirmative marketing and MBE/WBE records; (iii) records demonstrating compliance with environmental review requirements; (iv) records demonstrating compliance with the requirements of § 92.353 regarding displacement, relocation, and real property acquisition; (v) records demonstrating compliance with the labor requirements of § 92.354, including contract provisions and payroll records; (vi) Records demonstrating compliance with federal lead-based paint requirements; (vii) records supporting exception to the conflict-of-interest prohibition in § 92.3546; and (viii) records demonstrating compliance with debarment and suspension requirements. 2. State Recipients. KHC must require state recipients to keep the records required by 24 CFR §92.508(b). 3. Record Retention. All records pertaining to each fiscal year of HOME funds must be retained for 5 years, with the following exceptions: (a) For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. (b) For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture/resale restrictions which must be retained for five years after the affordability period terminates. (c) For TBRA projects, records must be retained for five years after the period of rental assistance terminates. (d) Written agreements must be retained for five years after the agreement terminates. (e) Records covering displacements and acquisition must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with § 92.353. (f) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period records JANUARY 2015 Application Guidelines Page 32 Purchase ADD: January 26, 2015 Page 129 must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. Applicants State and Local Governments Nonprofit Organizations General Administrative Costs Audit 24 CFR Part 85 2 CFR Part 225 OMB A-133 24 CFR Part 45 2 CFR Part 215 24 CFR Part 84 2 CFR Part 230 OMB A-133 24 CFR Part 44 Program Administration This includes but not limited to: If the project proposes demolition and reconstruction, the dilapidated structure must be demolished. In the case of mobile home replacement, the dilapidated mobile home must be demolished or salvaged (a salvage title must be obtained) and the salvage value should be reinvested into the new unit. For all demolition and reconstruction projects, a demolition agreement must be executed with the property owner. Each applicant must develop and utilize a standard program application form. Each household must complete the standard application form. If necessary, the agency will provide assistance in preparing the form, especially to the elderly, handicapped, non-English speaking persons and persons who are unable to read and/or write. A Uniform Residential Loan Application is not considered a program application and cannot be used as such under this program. All households deemed ineligible for assistance must be notified in writing of such determination and the reasons for such determination. The household should also be notified of other potential resources in rehabilitating or acquiring the property for which the household may be eligible and where to apply for such assistance. Applicants should document their efforts to ensure clients are complying with the requirements of the mortgage, loan agreement, and promissory note. The HOME Program requires the assisted household occupy the assisted property as its principal residence during the applicable affordability period. KHC has further restricted the principal residency to be the same number of years of the affordability period in written agreements. Applicants should also outline the steps their agency will take to ensure compliance with the requirements set forth in their application and funding agreement. Applicants must disclose all real, potential, or perceived conflicts of interest to KHC as outlined in 24 CFR Part 35 and 24 CFR Part 84 or 85, as applicable, regarding the receipt of, assistance provided with, or expenditure of KHC funds. All conflicts of interest must be disclosed and resolved prior to providing KHC assistance to the household. A Truth-in-Lending Statement and Good Faith Estimate must be prepared and given to each household assisted with amortized or forgivable loan funds, in accordance with the Real Estate Settlement Procedures Act (RESPA). JANUARY 2015 Application Guidelines Page 33 Purchase ADD: January 26, 2015 Page 130 A Right of Rescission statement must be given to all households assisted in home buyer or homeowner rehabilitation projects in which the household owns the lot. HOME applicants must comply with the requirements of the Uniform Relocation Act. All funded projects are assigned to a KHC program representative or specialist, who will provide technical assistance to recipients on an as-needed basis. Technical assistance visits are conducted onsite for all open projects to ensure compliance with the HOME and/or AHTF regulations as well as KHC imposed requirements. The recipient’s adherence to the terms of the funding agreement(s) will be reviewed annually. Applicants may not begin construction on any unit until the project has been approved by KHC program staff. Any unit started (defined as any on-site construction activity) before approval by KHC may make the unit ineligible for KHC assistance. Compliance Monitoring KHC is responsible for conducting monitoring reviews for all projects. KHC conducts on-site visits of funded projects to test for compliance with the applicable program regulations. This includes ensuring funds were used for eligible costs and assisted households meet income eligibility requirements. The compliance staff maintains a tracking system to ensure reviews are completed as required by the program regulations. Each recipient of HOME and AHTF funds is required to make available all documentation requested by KHC’s monitoring staff. Conflict of Interest All applicants must establish a Conflict of Interest policy that adheres to 24 CFR Part 35 and 24 CFR Part 84 or 85, as applicable. Potential conflicts of interest may arise from many situations. Some of the more common examples are: Requests for program assistance from employees, families of employees or board members, or families of board members of recipients or sub-recipients Recipients or sub-recipients contracting with or procuring materials from employees, families of employees or board members, or families of board members of recipients or sub-recipients. All HOME and /or AHTF recipients are responsible for identifying situations in which a conflict of interest, whether real or perceived, may exist. If a conflict of interest is identified, the agency must seek an exemption. Section VIII – Construction Criteria Construction Criteria All construction will comply with appropriate construction standards adopted by the Commonwealth of Kentucky. Information for purchasing adopted codes and standards is available through the Kentucky Department of Housing, Buildings, and Construction web site at http://dhbc.ky.gov/bce/bc/Pages/default.aspx. Applicants may not begin construction on any unit until the project has been approved by KHC program staff. Any unit started (defined as any on-site construction activity) before approval by KHC may make the unit ineligible for KHC assistance. JANUARY 2015 Application Guidelines Page 34 Purchase ADD: January 26, 2015 Page 131 Housing that is newly constructed with HOME funds must be constructed as to mitigate the impact of potential disasters, e.g., earthquakes, floods, wildfires, in accordance with state and local laws. Construction Management Applicants must develop construction management procedures that outline contract provisions for the contractor and subcontractors, payment requests, forms to be completed, inspection procedures, and project completion procedures. Applicants must establish and maintain a current listing of qualified contractors based on experience (unless the applicant utilizes only in-house crews) who are interested in doing new construction and/or rehabilitation work financed through the HOME Program. At a minimum, agencies should annually advertise a request for qualifications. Every effort must be made to ensure that the bidding is fair and open. (Not applicable to private developers.) Applicants must maintain documentation of the bid opening, bid award (unless the applicant utilizes only in-house crews), and pre-construction conference. Documentation must be maintained in the files, according to the requirements of 24 CFR Part 92.508. (Not applicable to private developers.) A full work write-up with line item cost estimates must be submitted to KHC prior to project set up. KHC will determine the feasibility and cost reasonableness of the project. Only preapproved plans and specifications are accepted for this funding round. All variances from KHC’s design and construction standards must be submitted to KHC prior to project set up. KHC will determine the feasibility of the variance and issue a written response to any variance request. Rehabilitation projects must comply with applicable building and residential codes along with KHC’s Minimum Design for Rehabilitated Single Family structures, which may be located on KHC’s website, www.kyhousing.org. For owner-occupied rehabilitation, there must be a written contract between the contractor and the owner/applicant. The contract should reference and include the work write-up, specifications, drawings, and appropriate code references. Contractors must submit a request for payment that is signed by the homeowner/buyer, along with lien waivers and affidavits to the applicant with each pay request. The applicant must inspect the property to determine that the work completed is valued at an amount equal to the progress payment requested. If the work completed is not in compliance, it is the responsibility of agency staff to obtain appropriate corrective action from the contractor before requesting payment from KHC. The contractor must be notified at the time of the inspection of any necessary corrective action to enable the agency to make a progress payment. This notification must be included in the case file. To notify KHC when construction will begin on a unit, the applicant must submit a construction start-up notice to their assigned program representative/specialist at least three weeks prior to JANUARY 2015 Application Guidelines Page 35 Purchase ADD: January 26, 2015 Page 132 the start of construction. A notice must be submitted for each unit. Failure to submit this notice in a timely manner may result in delays in accessing funds. Change Orders – Any changes in the approved plans and scope of work must be approved by a KHC construction specialist before the change of work scope occurs. Proposed changes should be submitted to KHC in the form of a detailed Change Order submitted on proper forms and executed by all parties. Change Orders must be approved by KHC prior to completing the work and include the Change Order amount in the Draw Request. Housing that is newly constructed with HOME or AHTF funds must be constructed as to mitigate the impact of potential disasters, e.g., earthquakes, floods, wildfires, in accordance with state and local laws. Construction Contingency KHC will allow applicants to incorporate up to 10 percent of the total development cost to be used as a construction contingency. However, if a construction contingency is added to the cost estimate, it should not be considered an automatic project cost. Construction contingency is designed to help applicants pay for unforeseen cost overages. If KHC funds are budgeted for construction contingency, the applicant must seek approval from their assigned project representative prior to accessing these funds. If the amount budgeted for construction contingency on a particular unit is insufficient to meet the cost overage, the applicant must then use their developer fee to meet these costs before requesting additional funds from KHC. Inspections Recipients of HOME and AHTF funds are required to have 100 percent of their units inspected by a qualified staff or third party inspector. All units are to be inspected for code compliance as well as reviewed to meet all KHC design requirements. Inspection reports for all project units must be kept on file by the recipient. The final inspection report shall be provided to KHC representatives in the close out documentation. Additionally, KHC will inspect a minimum of 20 percent of the total units in the project. The program representative will determine whether the unit is subject to inspection by KHC. Each program representative/specialist will contact the applicant to give notification of upcoming projects requiring inspections. KHC may require fewer or more units to be inspected as a quality control measure. New construction units selected for inspection will be inspected a minimum of three times each. For new construction these inspections will be at the following stages: Footing (after excavation of footings and before footing concrete is poured) Interim (any time between completion of wall insulation and hanging of drywall) Completion (100% complete including landscaping and site work and before move in) Rehabilitation units selected for inspection will be inspected a minimum of one time each. For rehabilitation projects, based on work scope, inspections will be at the following stages as applicable: (Contact your KHC Construction Specialist for guidance) Under-roof/weatherization Interim (any time between completion of wall insulation and hanging of drywall) Completion (100% complete, including removal of waste materials) JANUARY 2015 Application Guidelines Page 36 Purchase ADD: January 26, 2015 Page 133 Please note: The inspection stages and percentage of work completed may not directly correspond to the percentage of KHC funds that may be requested. Units selected for inspection must have a representative from the applicant agency attend each inspection and bring a copy of the draw form. Once the KHC inspector has approved the construction activity and signed the draw request form, it may be submitted for processing. KHC inspectors or program representatives/specialists have the authority to approve unequal draws if appropriate. KHC will charge a "re-inspection fee" of $200 under the following circumstances: Units that a KHC inspector must perform more than one final inspection due to the project not being 100% complete. Failure by the agency to provide an agency representative on the project site during the inspection. Unsuccessful attempts due to the agency not coordinating the inspection with homeowners or other involved parties which renders the unit inaccessible for inspection. A hazard exists on the project site at the time of inspection which endangers the welfare of the inspector. Examples: Bed Bug infestation, poisonous snake infestation, uncontrolled animals, etc. The fee must be paid to KHC prior to any additional funds being drawn from KHC. This fee cannot be paid using HOME and/or AHTF funds. A re-inspection fee will not be charged for follow up inspections to verify correction of deficiencies observed during any inspection. Draw Requests KHC will allow a maximum of three draw requests per unit for home buyer and homeowner rehabilitation projects. In extenuating circumstances, KHC may allow additional draws. For units inspected by KHC, each draw request must be signed by KHC’s construction specialist. Draw requests shall be presented to the KHC inspector on the project site by the agency representative for consideration of approval. The agency shall be responsible to submit the signed draw request to KHC using the required process and procedures. KHC inspectors are not responsible for submitting signed draw requests. Draw amounts should be proportionate to the percent of completion of the unit. KHC reserves the right to reduce any draw that is requesting excessive funds compared to the construction completion of the unit. At completion of each unit, the agency may submit a final draw to KHC. No funds will be paid by KHC on a unit deemed non-compliant of any applicable code or KHC standard by KHC’s construction specialist. The final draw request must also include required closeout documentation. This includes a deed restriction or agreement for AHTF projects and a project completion report for HOME projects. Inspection reports generated by qualified staff or other qualified third party inspectors must also be included for all HOME and/or AHTF project units Universal Design Standards Universal Design is a building concept that incorporates products, general design layouts, and characteristics into residences to: JANUARY 2015 Application Guidelines Page 37 Purchase ADD: January 26, 2015 Page 134 Make the residence usable by the greatest number of people. Respond to the changing needs of the resident. Improve marketability of the residence. Universal Design is applicable to all single-family units whenever KHC is providing 50 percent or more of the funding based on the total construction cost per unit, including all hard and soft costs. It is also applicable to all modular and manufactured homes. The goal of Universal Design is to build housing that meets the needs of the greatest possible portion of a community’s population. It differs from Accessible Design, which is primarily intended to meet the needs of persons with disabilities. It is, however, inclusive of adaptable design as it strives to incorporate structural features that will allow a residence to be adapted to an individual or household’s changing needs. KHC’s Universal Design Standards are available on KHC’s Web site, under Development, Design and Construction, Universal Design Standards. Minimum Design Standards Minimum Design Standards apply to new construction and reconstruction of homes built with funds from the HOME Program or AHTF. Minimum Design Standards are required when funding from KHC is 10 percent or more of the cost per unit. Please Note: KHC’s Minimum Design Standards are to be used as a guideline to meet and exceed all local, state, and national codes. Minimum Design Standards also provide a way to enforce above-average construction and design for builders, contractors, and design professionals who wish to use KHC funding. Other methods of construction and design may be acceptable on a case-by-case basis. KHC’s Minimum Design Standards are available on KHC’s Web site, under Development, Design and Construction, Minimum Design Standards, and then select the appropriate type of housing. If you have questions about KHC’s Minimum Design Standards, please contact the Department of Design and Construction Review for further assistance. Construction Code Standards All construction will comply with appropriate construction standards adopted by the State of Kentucky. Information for purchasing adopted codes and standards is available through the Kentucky Department of Housing, Buildings, and Construction website at http://dhbc.ky.gov. New Construction and Reconstruction All newly-constructed or reconstructed units must meet the requirements of the most current version of the Kentucky Residential Code. Construction contracts and other documents must describe the work in adequate detail so that inspections can be conducted. Cost estimates for construction must be reasonable. JANUARY 2015 Application Guidelines Page 38 Purchase ADD: January 26, 2015 Page 135 Rehabilitation Standards Minimum Design Standards for Rehabilitation: KHC’s Minimum Design Standards for Rehabilitation of Single-Family Detached Dwelling Units are to be used as a guideline to assist in meeting or exceeding all local, state, and national codes. These standards also provide a way to enforce above-average construction and design for builders, contractors, and design professionals who wish to use HOME and AHTF funding. Non HOME-funded units: For non-HOME funded units and units using KHC funding of $10,000 or less, the total scope of work must meet the Kentucky Residential Code (KRC), and local zoning, residential, and building ordinances (Local Ordinances), in force at the time of funding, regardless of what funding source is used when other funds are leveraged to complete the scope of work. KRC regulations shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings. HOME-funded units: Any HOME-funded unit and units where any KHC funding is over $10,000 but less than $30,000; KHC Minimum Design for Rehabilitation Standards (MDR), Kentucky Residential Code (KRC), and Local Ordinances, as applicable, shall apply to the total scope of work, regardless of what funding source is used when other funds are leveraged to complete the scope of work. a. KRC and MDR regulations and Local Ordinances shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings all rehabilitated singlefamily detached housing. b. Items identified in the work write-up and incorporated in the project shall comply with the correlating sections of the KRC, MDR, and Local Ordinances, and shall not require full compliance of the entire standard(s) unless specifically required by MDR, KRC, or Local Ordinances. c. Completed units shall not contain Health/Safety or Level 3 issues identified in the Federal Uniform Property Condition Standards, Unit-Inspectable Items, available at: http://www.hud.gov/offices/reac/products/pass/PDFs/appendix2-finaldictionary.pdf *See website: http://www.kyhousing.org Rehab projects exceeding $30,000 in rehab cost (from all KHC funding sources), excluding acquisition costs, must have the completed unit meet the requirements of the Kentucky Residential Code (KRC) and Local Ordinances. a. Any structure requiring more than $40,000 of total rehab construction costs to comply with MDR, or the adopted KRC, are encouraged to consider demolition/rebuild. b. KRC regulations shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings. c. Completed units shall not contain Health/Safety or Level 3 issues identified in the Federal Uniform Property Condition Standards, Unit Inspectable Items, available at: http://www.hud.gov/offices/reac/products/pass/PDFs/appendix2-finaldictionary.pdf JANUARY 2015 Application Guidelines Page 39 Purchase ADD: January 26, 2015 Page 136 *See website: http://www.kyhousing.org Green Building Techniques The Leadership in Energy and Environmental Design (LEED) Green Building Rating System™ is the nationally-accepted benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners the tools they need to have an immediate and measurable impact on their building’s performance. LEED recognizes performance in five key areas of human and environmental health sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. For additional information, please visit http://www.usgbc.org/. Projects that incorporate green building techniques in their plans and specifications may receive points in application scoring. To receive the bonus points in this category: Projects proposing new construction or demolition/reconstruction must incorporate at least seven of the LEED Green Building criteria in the specifications. Projects proposing owner-occupied rehabilitation or acquisition/rehabilitation/resale must incorporate at least three of the LEED Green Building criteria in the work write-up. The LEED Green Building criteria are: a) All adhesives, sealants and primers used on the interior of the building shall comply with South Coast Air Quality Management District Rule #1168. Acceptable volatile organic compound (VOC) limits are listed in the table at http://www.arb.ca.gov/DRDB/SC/CURHTML/R1168.PDF. b) Use of 50 percent of wood-based materials and products that are certified in accordance with the Forest Stewardship Council’s (FSC) Principles and Criteria for wood building components. c) Open space. Provide vegetated open space area equal to 1) 20 percent of the project site area or 2) equal to the building foot print. Vegetated open space is defined as gardens, plant beds, and fish ponds with plants, shrubs, or trees. d) Install compact fluorescent light bulbs (CFLs) throughout the units. e) Utilize rapidly-renewable floor materials, such as bamboo, cork, or eucalyptus. f) Provide an easily accessible area dedicated to the collection and storage of non-hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, and metals. Homeowners are responsible for disposal and removal of recyclables. g) Install a programmable thermostat. Please note: If a heat pump is installed in the unit, a programmable thermostat specifically designed for heat pump systems must be utilized. h) Develop and implement a construction waste management plan that recycles or salvages at least 50 percent of non-hazardous construction and demolition debris. i) Install a tankless water heater. Please note: Proper installation requires that the heating unit satisfies demand capacity and that the manufacturer’s energy requirements be followed. JANUARY 2015 Application Guidelines Page 40 Purchase ADD: January 26, 2015 Page 137 j) Use recycled, salvaged, refurbished, or reused materials such that the sum of these materials constitutes at least 10 percent of the total value of the project materials. k) Use building materials that have been extracted, harvested, recovered or manufactured within 500 miles of the project site for a minimum of 10 percent of the total material costs. l) Use carpeting that meets the product testing requirements of the Carpet and Rug Institute’s Green Label Plus program, which can be found at: http://www.carpet-rug.org/about-cri/crisignature-programs/green-label-plus-carpet.cfm. m) Install all lavatory faucets with an average flow rate of < 2.0 gallons per minute. n) Install all showers with an average flow rate of < 2.0 gallons per minute. o) Install all toilets that have one or more of the following (counts as one feature): Average flow rate of < 1.3 gallons per flush. Dual-flush and meet the requirements of ASME A112.19.14. Meet the U.S. EPA Water Sense specification and be certified and labeled accordingly. p) Install compact hot water supply line design with no run over 20 feet from water heater. q) Install central hot water manifold trunk no more than 6 feet, insulated to R-4, with no branch line exceeding 20 feet. r) Installation of all domestic hot water piping shall have R-4 insulation. Insulation shall be properly installed on all piping elbows to adequately insulate the 90-degree bend. s) Prior to construction, create detailed framing plans or scopes of work and accompanying architectural details for use on the job site. Indicate the specific locations, spacing, and sizes of all framing members in the floors, walls, roof, and ceiling (if different from roof). t) Prior to construction, create a detailed cut list in lumber order that corresponds directly to the framing plans and/or scopes of work. Single-Family Plan Review Only KHC pre-approved plans and specifications will be accepted for use for this application round. Archaeological Surveys This section is currently under review and is subject to change in the final application. Nonprofits and Local Governments Projects utilizing HOME funds: If an archaeological survey is required, the developer may request reimbursement through HOME administrative funds. These funds are above and beyond the amount of HOME originally awarded to the project. KHC reserves the right not to pay for additional surveys if they are required and reserves the right to withdraw the commitment. Nonprofit organizations must complete a bid process consistent with the applicable procurement policy. The environmental specialist is the contact person and can provide the developer names of agencies JANUARY 2015 Application Guidelines Page 41 Purchase ADD: January 26, 2015 Page 138 that the State Historic Preservation Officer has approved for these services. The developer is responsible for submitting a copy of the bill or invoice to the environmental specialist to receive reimbursement for these services. If for some reason the project falls out or KHC decides not to go forward with the development, KHC reserves the right to request a refund of all archaeological-related payments made to the developer by KHC. For-Profits Projects with less than 12 units requesting HOME funds: If the proposed project includes HOME funds and contains less than 12 units, the developer may receive reimbursement for the survey costs in the same manner as is described above. Even though for-profit organizations are not subject to procurement policies like nonprofit organizations, they will still be required to follow a bid process, requesting at least three bids, to demonstrate they received the best possible price. All projects of 12 or more units and all projects not requesting HOME funds: If an archaeological survey is required, the developer is responsible for payment and cannot receive reimbursement from HOME administration funds. However, payment may be absorbed through soft costs already included in total project cost. Phase I Environmental Surveys This section is currently under review and is subject to change in the final application. KHC’s environmental risk management policy requires a Phase I environmental assessment performed to American Society for Testing and Materials standards for the following: Projects containing a group of more than four HOME-assisted units within 2,000 feet. All land development loans in excess of $200,000. All homeownership neighborhood/subdivision development loans in excess of $200,000. KHC may waive the Phase I requirement where federal funds are not involved and there is sufficient information available to document the nonexistence of hazardous materials. Section X – TBRA Scoring TBRA Scoring – NOT APPLICABLE FOR THE JANUARY 2015 ABBREVIATED FUNDING ROUND KHC may, at its discretion, request information from applicants to address and resolve issues identified during application review. The application will be scored as submitted and supplemental information provided for clarity will not be considered for scoring purposes. Following are the maximum point values for each section of the application (application total = 100 points), along with some of the criteria application reviewers will consider in the review process: Community Need Ready-to-Proceed Program Performance Project Design JANUARY 2015 Application Guidelines Page 42 Purchase ADD: January 26, 2015 Page 139 Capacity of the Applicant/Administrator Ready-to-Proceed Is the plan for client outreach and referral in place, and is it thorough and well documented? Has the agency determined that there are enough units that will pass HQS in the service area? Will there be a sufficient number of landlords involved in the program to ensure that eligible units will be available to program participants? Are waiting list maintenance procedures reasonable and compliant with fair housing laws? How many clients are identified as eligible and are income-verified? How many clients are identified as eligible and are disability/special need verified? Do identified clients match the proposed program design? For security and utility deposit assistance-only programs, is there a well-established and concrete mechanism to ensure households can afford rents and units will remain affordable? Program Performance Is the intake process clear and reasonable? Are preferences within the eligible populations (homeless and/or special needs) proposed and are they in accordance with the overall project design? Is the voucher management reasonable and well thought out? How much assistance do clients receive in finding affordable, eligible units? What is the rental subsidy/utility deposit payment structure? Has the applicant proposed the most cost effective method of providing rental assistance (payment standards, fair market rents, etc.)? What efforts are made to ensure households remain in affordable housing once the TBRA ends? Are there any potential delays in implementing the project? Project Design Are support services appropriate for the targeted population (if applicable)? What is the range of services offered? Are there gaps in service that are not addressed? How long will services be provided? How will they be delivered? Are adequate HQS units available versus number of vouchers proposed? How do you know? Describe past and future initiatives to notify landlords of your HOME TBRA program. Capacity of Applicant/Administrator Is the experience of the applicant/administrator clearly described? Are qualifications relevant to the proposed project? Is the size of the project appropriate based on agency experience? KHC will conduct an internal capacity review based on prior experience with the applicant, and for prior grantees will consider success in administering similar projects, overall performance, adherence to deadlines and original program design, quality and timeliness of paperwork, staff turnover, and project management. In addition, staff will consider compliance and/or audit findings and whether such findings have been addressed. The amount of HOME TBRA funding that the applicant has on-hand at time of application and projected to the end date of the grant will also be considered. JANUARY 2015 Application Guidelines Page 43 Purchase ADD: January 26, 2015 Page 140 Section XI - Resources HOME Definitions and Resources HOME defines homeownership as fee simple title (title must be clear and free from defects) or a 99-year leasehold interest in a one- to four-unit dwelling, or equivalent form of ownership approved by KHC or HUD. Inherited property with multiple owners, life estates, inter vivos trust, living trusts, and beneficiary deeds are all considered eligible forms of ownership, even though they do not meet the definition of homeownership in 92.2. Ownership must be proven and title searches must be completed prior to the investment of HOME funds. NOTE: Property assisted with HOME funds will not be eligible for additional assistance during the affordability period. Land contracts are not an eligible form of ownership. HOME Definition of Dependent When determining eligibility of the household, please refer to the HOME Final Rule. HOME Definition of Commitment For a full definition of commitment, click on the following link: HOME Final Rule Commit to a specific local project means: (i) If the project consists of rehabilitation or new construction (with or without acquisition) the participating jurisdiction (or State recipient or sub recipient) and project owner have executed a written legally binding agreement under which HOME assistance will be provided to the owner for an identifiable project for which all necessary financing has been secured, a budget and schedule have been established, and underwriting has been completed and under which construction is scheduled to start within twelve months of the agreement date. If the project is owned by the participating jurisdiction or State recipient, the project has been set up in the disbursement and information system established by HUD, and construction can reasonably be expected to start within twelve months of the project set-up date. (ii)(A) If the project consists of acquisition of standard housing and the participating jurisdiction (or State recipient or sub-recipient) is acquiring the property with HOME funds, the participating jurisdiction (or State recipient or sub-recipient) and the property owner have executed a legally binding contract for sale of an identifiable property and the property title will be transferred to the participating jurisdiction (or State recipient or sub-recipient) within six months of the date of the contract. (B) If the project consists of acquisition of standard housing and the participating jurisdiction (or State recipient or sub-recipient) is providing HOME funds to a family to acquire single family housing for homeownership or to a purchaser to acquire rental housing, the participating jurisdiction (or State recipient or sub-recipient) and the family or purchaser have executed a written agreement under which JANUARY 2015 Application Guidelines Page 44 Purchase ADD: January 26, 2015 Page 141 HOME assistance will be provided for the purchase of the single family housing or rental housing and the property title will be transferred to the family or purchaser within six months of the agreement date. (iii) If the project consists of tenant-based rental assistance, the participating jurisdiction (or State recipient, or sub-recipient) has entered into a rental assistance contract with the owner or the tenant in accordance with the provisions of §92.209. HOME Homeownership Definition of Elderly Elderly is defined as 62 years of age or older and can be the head of the household or the spouse. HOME Homeownership Definition of Disability (See Below) For more information, click on the following link: HOME Final Rule. Person with disabilities means a household composed of one or more persons, at least one of whom is an adult, who has a disability. (1) A person is considered to have a disability if the person has a physical, mental, or emotional impairment that: (i) Is expected to be of long-continued and indefinite duration; (ii) Substantially impedes his or her ability to live independently; and (iii) Is of such a nature that such ability could be improved by more suitable housing conditions. (2) A person will also be considered to have a disability if he or she has a developmental disability, which is a severe, chronic disability that: (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Is manifested before the person attains age 22; (iii) Is likely to continue indefinitely; (iv) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. Notwithstanding the preceding provisions of this definition, the term “person with disabilities” includes two or more persons with disabilities living together, one or more such persons living with another person who is determined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were living, in a unit assisted with HOME funds, with the deceased member of the household at the time of his or her death. JANUARY 2015 Application Guidelines Page 45 Purchase ADD: January 26, 2015 Page 142 A household could qualify as disabled if the head of household or spouse meet the following criteria: Has a disability, as defined in 42 U.S.C. 423 (by the Social Security Administration). Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: o Is expected to be of long-continued and indefinite duration, o Substantially impedes his or her ability to live independently, and o Is of such a nature that the ability to live independently could be improved by more suitable housing condition; or o Has a developmental disability as defined in 42 U.S.C. 6001. HOME Income Limits http://www.hud.gov/offices/cpd/affordablehousing/programs/home/limits/income/index.cfm Click on the most current year and then on “Kentucky” to find the applicable income limits. HOME Homeownership Value (Will be revised in January of 2015) HOME Maximum Purchase Price/After-Rehab Value - HUD Exchange Guidelines for ENERGY STAR Qualified New Homes: http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.homes_guidelns U.S. Green Building Council: http://www.usgbc.org/ JANUARY 2015 Application Guidelines Page 46 Purchase ADD: January 26, 2015 Page 143 Section XII – Quick Facts AHTF and HOME Quick Facts HOME (federal dollars) AHTF (state dollars) Eligible Activities Eligible Applicants Eligible Beneficiaries Match and Leverage Requirements Minimum Subsidy Matching funds for federal housing programs Acquisition, rehabilitation, and/or new construction of very low-income housing units Permanent financing, including down payment, closing costs, and principal reduction Matching funds for technical assistance directly related to creating low-income housing project Administrative costs (up to 7.5 percent of total AHTF-funded project costs) Nonprofit organizations, including faith-based organizations Local governments Public housing authorities Kentucky residents Households whose income does not exceed 60 percent of area median income Applicants for AHTF funds only are not required to contribute other matching funds. A minimum of $1,000 of AHTF funds must be permanently invested. New construction, reconstruction, or rehabilitation of low-income housing units. Acquisition of property or vacant land. Site improvements Permanent financing, including down payment, closing costs, and principal reduction. Rehabilitation of owner-occupied housing Administrative costs (up to 10 percent of total HOME-funded project costs – homeowner rehab or acquisition projects only) Developer fee Development subsidy Nonprofit organizations, including faithbased organizations Community Housing Development Organizations (CHDOs) Local governments Public housing authorities Private developers Kentucky residents Households whose income does not exceed 80 percent of area median income Applicants for HOME or HOME and AHTF blended projects are required to contribute HOME-eligible matching funds of at least 10 percent of the total HOME request. A minimum of $1,000 of HOME funds must be permanently invested. JANUARY 2015 Application Guidelines Page 47 Purchase ADD: January 26, 2015 Page 144 Maximum Subsidy Cost Containment Home Buyer Projects: a maximum of $40,000 per unit, contingent to the limitations established in this document under “Maximum Subsidy.” Homeowner Rehabilitation Projects: maximum HOME and/or AHTF subsidy provided to the household is $60,000 per unit. HOME developer fee is considered part of the subsidy to the household and capped at $10,000. HOME and AHTF funds should be considered “gap financing,” and the actual amount of the HOME and/or AHTF permanent investment must be based on the household’s need, after all other available sources of financing and subsidy have been maximized. KHC restricts the purchase price limits for new construction to $150,000 for all newly-constructed houses. For existing units, the purchase price/after-rehabilitation value limits are as follows, based on the counties: $142,000 Shelby County $138,000 Madison County $135,000 Lexington-Fayette, Lyon County $134,000 Perry County $133,000 Bowling Green MSA $131,000 Louisville Metro, Nelson County $128,000 Boyle and Calloway Counties $127,000 Elizabethtown MSA, Anderson County, Garrard County $125,000 McCracken County $124,000 Cincinnati MSA, Christian, Johnson, Laurel, Mercer, and Pulaski Counties $123,000 Grant and Meade Counties $121,000 Pike County $119,000 All other counties in Kentucky. These amounts are subject to change in January of 2015. HOME Maximum Purchase Price/After-Rehab Value - HUD Exchange Affordability Period SOURCE OF FUNDS DIRECT SUBSIDY INVESTED AFFORDABILITY PERIOD HOME and AHTF $1,000 - $14,999 5 years HOME and AHTF $15,000 - $40,000 (HB or HR) 10 years HOME and AHTF $40,001 - $60,000 (HR) 15 years JANUARY 2015 Application Guidelines Page 48 Purchase ADD: January 26, 2015 Page 145
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