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AHAC Agenda 04/08/2013 Affordable Housing Advisory Committee Agenda April 8 , 2013 COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE • "r1)/ ,sec AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples, Florida 34112 April 8, 2013 3:00 PM COMMITTEE MEMBERS Steve Hruby,AHAC Chairman Raymond Cabral,AHAC Committee Member Christian Davis,AHAC Vice-Chairman Patricia Fortune,AHAC Committee Member John Cowan,AHAC Committee Member Clyde C.Quinby,AHAC Committee Member Alan Hamisch,AHAC Committee Member Gerald Murphy,AHAC Committee Member COLLIER COUNTY STAFF Kim Grant, Interim Director, Housing, Human and Veteran Services Kristi Sonntag, Manager Federal/State Grants Elly McKuen,Operations Analyst Barbetta Hutchinson, Housing, Human and Veteran Services Priscilla Doria,SHIP Grant Coordinator NOTICE:ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. DURING COMMITTEE DISCUSSION, COMMITTEE MEMBERS MAY ASK DIRECT QUESTIONS TO INDIVIDUALS. PLEASE WAIT TO BE RECOGNIZED BY THE CHAIRMAN, OBTAIN A MICROPHONE,AND STATE YOUR NAME AND AFFILIATION FOR THE RECORD BEFORE COMMENTING. ANY PERSON IN NEED OF A VERBATIM RECORD OF THE MEETING MAY REQUEST A COPY OF THE VIDEO RECORDING FROM THE COLLIER COUNTY COMMUNICATIONS AND CUSTOMER RELATIONS DEPARTMENT OR VIEW THE VIDEO ONLINE AT WWW.COLLIERGOV.NET. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE. AHAC Meeting April 8, 2013 Item#3A 1. CALL TO ORDER 2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF 3. AGENDA AND MINUTES A. Approval of today's agenda B. AHAC Meeting Minutes—March 11,2013 C. AHAC Meeting Minutes—November 5, 2012 D. AHAC Meeting Minutes—January 7,2013 E. AHAC Subcommittee Minutes—October 22,2012 Please note: NO vote by the Committee is necessary to approve either the January or March minutes since neither meeting achieved a quorum. 4. INFORMATION ITEMS A. Collier County Planning Commission made the appointment of Mark Strain to the AHAC. His appointment will go to the Board of County Commissioners for approval on April 9, 2013. 5. PUBUC COMMENT A. Persons wishing to speak must register prior to speaking. All registered speakers will receive up to three (3)minutes unless the time is adjusted by the Chairman. 6. DISCUSSION ITEMS AND PRESENTATIONS A. Consideration of applicant Albert Batista for appointment to the Affordable Housing Advisory Committee. B. Request AHAC approval of the LHAP being presented to the Board of County Commissioners for approval on April 23,2013—Priscilla Doria. 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS 8. ADJOURN A. Schedule for next meetings: May 6,2013 March 11,2013 Item#3B MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEETING March 11, 2013 Naples, Florida LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee met on this date at 3:00 PM in NON-WORKING SESSION in Administrative Building "F," 3rd Floor, of the Government Complex,Naples, Florida, with the following Members present: CHAIRMAN: Stephen Hruby Vice Chair: Christian Davis Patricia Fortune Clyde C. Quinby Excused: John Cowan Alan Hamish Gerald Murphy Absent: Raymond Cabral ALSO PRESENT: Kim Grant, Interim Director—Housing, Human & Veteran Svcs. Barbetta Hutchinson—Housing, Human and Veteran Services Priscilla Doria—Grants Coordinator Kristi Sonntag—Manager, Federal/State Grants Lisa Oien—Grants Coordinator Spencer Smith, Grants Support Specialist March 11,2013 1. CALL TO ORDER Chairman Stephen Hruby opened the NON-WORKING("Informational") meeting at 3:08 PM and read the procedures to be observed during the meeting. 2. ROLL CALL—COMMITTEE MEMBERS AND STAFF Roll Call was taken. A quorum was not established. Only four voting members were present; six are required to achieve quorum. The Chairman stated only"Information Items"would be heard. 3. APPROVAL OF AGENDA AND MINUTES a. Agenda—March 11,2013 (No action was taken) b. AHAC Minutes—November 5,2012 (Deferred to next meeting) (Note: The Minutes for the January 7, 2013 meeting will be reviewed by the Members and signed by the Vice Chairman. A vote to approve is not required due to lack of quorum.) c. AHAC Subcommittee Minutes—October 22,2012 (Returned to Subcommittee for further action) 4. INFORMATION ITEMS A. Monthly Update: SHIP Program—Priscilla Doria • Initial Funds—$2,135,482.74 • Deadline to expend: June 30,2013 • Sole Strategy: Purchase Assistance o Expended in February,2013: approximately$100,000 o Award to applicant- $20,000 • Administration(10%)—$212,910.94 o If not spent,remainder will be shifted to assist home buyers • Balance: approximately$400,000 • "Set aside: o 65%is mandated for home ownership o Not required—did not receive funding from State o Funds were derived from program income • Figures pertain to Fiscal Year 2010—2011 o To date, 77 households have received purchase assistance March 11,2013 • Funds from Fiscal Year 2011-2012 will not be utilized until 2010-2011 monies have been spent B. Appointment of Member by Planning Commission It was noted the Planning Commission had not yet appointed a representative to serve on the AHAC. 5. PUBLIC COMMENT (None) 6. DISCUSSION ITEMS/PRESENTATIONS A. Application of Albert Batista for appointment to AHAC (Deferred to next meeting) B. Selection Committee Recommendations: Applications for Project Funding(DRI/DREF) (Lisa Oien.—Grants Coordinator and Spencer Smith—Grants Support Specialist) • Funds remained from Disaster Recovery Grants • Grantor Agency: Florida Department of Economic Opportunity ("DEO") • Purpose: Reprogram funds • Eligible activities: o Repair damage from storm(s) o Preparing for future storm(s) • "Named Storm"Grants: o 2005: "Hurricane Wilma" • County received$2.814,698 • Remainder: $363,308 o 2008: "Tropical Storm Faye" • County received $9,963,208 • Remainder: $1,007,000 o Also from 2008: "Hurricane Ike"and"Hurricane Gustav" • County received $3,335,131 • Remainder: $300,000 • Funding: Grants from HUD to DEO to Collier County • Approved projects: o Immokalee CRA- $503,900 (storm water project—Colorado Avenue) o Housing: • Habitat for Humanity- $150,000 (install storm shutters) • George Washington Carver apartments- $41,600(drainage improvements) o Public Facilities: March 11,2013 • Goodwill Industries of South Florida - $85,000(roofing and generator repairs at Roberts Senior Center—Immokalee) C. Selection Committee Recommendations: Applications for Project Funding(CDBG and HOME) • Supplemental Funding Cycle o CDBG: $1,708,960 o HOME: $1,097,051 • Short time frame to spend funds o Completion time line: May through September, 2013 • 16 applications were received • Selection Committee: (approved by County Manager) o Representatives from AHAC, Lee County Human Services,Alternative Transportation Modes, and HHVS Department • Process: o Selection committee evaluated applications o "Cure"period—to submit back-up documentation or complete answers to questions on application which may have been overlooked o Deadline to submit"Cure"responses: March 101(12:00 Noon) o Responses were emailed to Committee to review—may change initial ranking o Approved projects will be submitted to the Board of County Commissioners for final approval • Approved Projects(CDBG funds): o Able Academy—Land acquisition- $515,000 o Shelter for Abused Women&Children—improvements to Shelter- $176,975 o Goodwill Industries—Micro-Enterprise Program- $46,504 o Naples Equestrian Challenge—Land acquisition- $520,000 o Collier County Housing Authority—HVAC system ("A") -$46,917 o Collier County Housing Authority—HVAC system ("B") - $48,867 o Collier County Housing Authority—electrical panel upgrades - $49,027 o Habitat for Humanity—re-roofing project- $235,000 (20 homes) o Immokalee Non-Profit Housing—upgrade Community Center- $18,250 o Immokalee Non-Profit Housing—upgrade laundry facility/playground- $23,000 o Total: $1,679, 540 • Approved Project(HOME funds): o Habitat for Humanity—down-payment assistance program • Requested$450,000 ($22,500 per home)+$45,00 for administrative expenses(income qualification by Habitat staff) • Selection Committee recommended$250,000 if"cure"questions were answered Ms. Grant stated Staff prepared an alternative proposal that has yet to be approved. • Combine SHIP funds with HOME(partnership program) • Maintain down-payment assistance award of$20,000 per home A March 11,2013 • Phase One: 50/50 split of awards through June, 2013 ($450 to $500,000) • Phase Two: Home funding(only)of awards through August,2013 • Phase Three: SHIP funding(only)until funds are expended • To be approved by the Board of County Commissioners after public advertising Kim Grant explained the goal is to expend"older"funds on valuable projects before new funding is awarded by HUD(available October, 2013). Approved projects must be completed by September 30, 2013. D. Re-Establish AHAC Subcommittee: Housing Element—Growth Management Plan • Suggested 1s1 Meeting Date: April 8,201 at 12:00 Noon • Volunteers: Chairman Hruby, Christian Davis, Patricia Fortune • Committee members will be notified via email 7. COMMENTS—STAFF/COMMITTEE MEMBERS (None) NEXT MEETINGS: April 8,2013—3:00 PM May 6,2013 Location: BCC Chambers,3"1 Floor,Administrative Building"F" There being no further business for the good of the County,the meeting was adjourned at 4:00 PM by order of the Chairman. COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Stephen Hruby, Chairman The foregoing Minutes were approved by Committee Chair/Vice Chairman on ,2013,"as submitted" I 1 OR "as amended" [ 1. November 5, 2012 Item#3C MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEETING Naples, Florida, November 5, 2012 LET IT BE REMEMBERED, the Collier County Affordable Housing Advisory Committee, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Administrative Building "F," 3rd Floor, of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Stephen Hruby Vice Chair: Christian Davis Raymond Cabral John Cowan Patricia Fortune Alan Hamisch Clyde C. Quinby (Excused) Vacancy Vacancy Vacancy Vacancy Vacancy (Alternate) ALSO PRESENT: Kim Grant, Interim Director- Housing, Human & Veteran Services Kristi Sonntag, Manager Federal/State Grants Priscilla Doria, Grants Coordinator Barbetta Hutchinson, Staff Liaison November 5,2012 Item#3C 1. CALL TO ORDER—CHAIRMAN: Chairman Hruby called the meeting to order at 3:07 PM and read the procedures to be observed during the meeting. 2. ROLL CALL: Roll call was taken and a quorum was established. Six voting members were present. 3. AGENDA AND MINUTES: A. Approval of Agenda—November 5,2012 Mr. Cowan moved to approve the Agenda as submitted Second by Mr. Davis. Motion carried unanimously 6-0. B. AHAC Meeting Minutes—October 1,2012 Mr. Cowan moved to approve the Minutes of the October 1, 2012 as presented Second by Mr. Cabral. Motion carried unanimously 4-0. Mr.Davis and Ms. Fortune abstained (Not in attendance at the October 1, 2012) 4. INFORMATIONAL ITEMS: A. Recap of the Report to the Planning Commission Mr.Hruby gave a slide presentation and reported going before the Planning Commission on October 30,2012. He stated Growth Management is reviewing all of the Elements and Amendments to the Growth Management Plan. The Planning Commission had issues on the proposed language and the proposed procedural changes for the Housing Element—Objective 1. The Planning Commission wanted a better understanding of what the AHAC was doing and why the AHAC was proposing it prior to submitting their recommendation to the BCC. He reviewed the following: • Housing Element—Objective 1 - Previous Objective based on static fixed metrics - Proposed Objective was processed based • Proposed Methodology - Method for monitoring market trends and the impact on housing affordability - Method for determining extent of need - Have tools necessary to solve the need The same presentation will be made to the BCC on December 11, 2012. 5. PUBLIC COMMENT: (None) 6. DISCUSSION ITEMS/PRESENTATIONS: A. Fiscal Year 2011-2012 HUD Consolidated Action Plan Evaluation Report(CAPER) Margo Castorena-CAPER, HHVS gave a slide presentation on CAPER FY2011-12. • This is an end of year report to HUD outlining the performance and outcomes of closed projects and the status of on-going activities. November 5, 2012 Item#3C • The Reporting period for this CAPER is October 1, 2011 through September 30, 2012. • The HUD CAPER will be: - Presented for BCC approval on December 11,2012. - Public comment period will be held October 29 through December 11, 2012. - Copies of the CAPER have been distributed to all libraries and posted on the HHVS website. - Ads were placed in the Naples Daily News and in the Immokalee Bulletin to inform the public of the comment period. - Upon approval of the BCC;the CAPER must be received by HUD NLT December 28,2012. • Highlights of the 2011-2012 - $2,806,710 of CDBG, HOME&ESG funds were added to the entitlement allocation in the reporting period. - $1,352,883.95 was expended on eligible activities during the reporting period. - Timeliness was not achieved due partially to 2-projects; the Eagle Lakes Park and a sidewalk project that did not go forward. - 100%of CDBG funds were used to assist low/moderated individuals - Projects focused on community facilities,rental assistance and public service projects. - Affordable housing outcomes were lower than expected. - La Placita is underway in Immokalee; funds for this project were re- programmed from an East Naples Sidewalk Project. - Legal services to 240 victims of domestic abuse were provided by the Shelter. - Goodwill finished the Roberts Center Renovation in Immokalee. - The David Lawrence Center is closing out its' auxiliary power project. Staff responded to the many questions asked. Staff recommended the approval of the 2011-2012 CAPER to the BCC submission to HUD. Discussion was made on the process of ranking and funded as the projects are ranked, criteria and census tracks that are low/moderate and the reprogramming project process. Mr. Cabral moved the AHAC recommend the approval of the 2011-2012 CAPER be submitted to the BCC for their approval and endorsement to HUD. Second by Mr. Cowan. Motion carried unanimously 6-0. B. 2012 Incentive Review and Recommendations Report Mr.Hruby stated the Subcommittee prepared the 2012 Local Housing Incentive Review and Recommendation Report. November 5, 2012 Item#3C Mr.Hamisch stated the AHAC must submit a triennial report that includes recommendations on and evaluates the implementation of incentives within 11 areas; 5-incentives are mandatory. • Expedited Permitting • Impact Fee Waivers or Modification • Density Flexibility • Reservation of Infrastructure • Accessory Dwelling Units • Parking and Setbacks • Flexible Lot Configurations • Street Requirements • Oversight • Land Bank Inventory • Proximity It was noted the minimum the County must implement Expedited Permitting and Ongoing Review. Staff from the local planning departments worked in conjunction with AHAC, HHVS, guest speaker-Brad Schiffer, AIA and guidance and technical assistance from the Florida Housing Coalition during the preparation stages of the incentive plan. He reported the Current Incentives as: > Expedited Permitting > Ongoing Review Process > Increased Density for Affordable Housing > Inventory of Locally Owned Public Lands suitable for Affordable Housing > Impact Fee Deferral Program for Affordable Housing. (Ordinance 2008-97—direction from the BCC on restricting the use of the remaining funds for deferral of County Impact Fees for Affordable Housing.) He recommended the AHAC approve the 2012 Local Housing Incentive Program and Recommendations Report be presented to the BCC on December 11, 2012. The Committee formed a consensus to review and discuss the Incentives and Recommendations individually. The following clarifications and additional recommendations were made. Staff will do a final edit. a. Expedited Permitting > Review Synopsis-Add a phrase or sentence to clarify what 5, 10, 15 days process is. > Committee Recommendation—Currently implemented move"Planning and Zoning"paragraph under Review Synopsis. > Proposed Incentive—Amended Procedural recommendations: - Codify 5-10-15 are followed - Affordable Housing is top priority aid Party Reviewers b.Impact Fee Waivers and Modifications A November 5, 2012 Item#3C > Committee Recommendation—Change to Such funds may be used for future deferral impact fees for owner occupied dwelling units. ➢ Amended Incentive—No action at this time. c. Density Flexibility > Proposed Incentive—Change to Amended Incentive: No Change at this time d. Reservation of Infrastructure ➢ Proposed Incentive—Change to Amended Incentive: No Change at this time e. Accessory Dwelling Units ➢ Proposed Incentive—Change to Amended Incentive: No Change at this time f. Parking and Setbacks ➢ Proposed Incentive—Change to Reduction in parking and setback requirements for Affordable Housing are considered as deviations in the PUD approval process and variance in the conventional zoning process on a case by case basis. Public Speaker Marjorie Student-Sterling g. Flexible Lot Configurations > Proposed Incentive—Change to Reduction in flexible lot configurations for Affordable Housing are considered as deviations in the PUD approval process and variance in the conventional zoning process on a case by case basis. h. Street Requirements ➢ Proposed Incentive-Change to Reduction in street requirements for Affordable Housing are considered as deviations in the PUD approval process and variances in the conventional zoning process on a case by case basis. i. Oversight(Ongoing) > Current Incentive and Proposed Incentive—Should be reversed. > Proposed Incentive—Change to Amended Incentive to Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented by County Staff,reviewed by DSAC and submitted to the BCC with the amount of the increase or decrease mentioned in the executive summary under fiscal impact. The Commissioners shall appoint an Affordable Housing Advisory Committee member to the Development Services Advisory Committee. i. Land Bank Inventory November 5,2012 Item#3C ➢ Amended Incentive - Collier County will prepare an inventory of all real property owned by Collier County that may be appropriate for use as an affordable housing development annually. k. Proximity > Proposed Incentive—Change to Amended Incentive: No Change at this time Mr. Hamisch moved to approve the Incentive Review and Recommendation Report as amended(to be presented to the BCC on December 11, 2012 for approval.) Second by Ms. Fortune. Motion carried unanimously 6-0. Staff will email the AHAC the Incentive Review and Recommendation Report with revisions. 7. STAFF/COMMITTEE MEMBERS: GENERAL COMMENTS Mr. Hruby asked the Staff for an update on filling the vacant positions on the AHAC. It was noted the BCC Administration places public notices on vacant positions on a monthly basis. Staff is waiting on a response from the City of Naples to have Mr.Hruby serve as a County representative on the City of Naples Planning Commission. This will open another vacancy. Staff noted the BCC will appoint a Planning Commission representative to AHAC at the next BCC meeting. Mr. Cowan moved to adjourn at 4:37 PM. Second by Mr. Cabral. Motion carried unanimously 6-0. NEXT MEETING: December 3,2012—3:00 PM Location: BCC Chambers,3`d Floor,Administrative Building"F" (Members will be notified via email of a cancellation) There being no further business for the good of the County,the meeting was adjourned at 4:37 PM by order of the Chairman. COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Stephen Hruby,Chairman A November 5, 2012 Item#3C The foregoing Minutes were approved by the Board/Committee Chair on , 2012, "as submitted" OR"as amended" . I January 7,2013 Item#3D MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEETING January 7, 2013 Naples, Florida LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee met on this date at 3:00 PM in NON-WORKING SESSION in Administrative Building"F," 3`d Floor, of the Government Complex, Naples, Florida, with the following Members present: CHAIRMAN: Stephen Hruby Vice Chair: Christian Davis Raymond Cabral Alan Hamish Gerald Murphy Excused: Patricia Fortune Clyde C. Quinby Absent: John Cowan ALSO PRESENT: Kim Grant, Interim Director—Housing, Human & Veteran Svcs. Barbetta Hutchinson—Housing, Human and Veteran Services Priscilla Doria— Grants Coordinator Kristi Sonntag—Manager, Federal/State Grants Assistant Attorney Jennifer White— County Attorney's Office January 7,2013 Item#3D 1. CALL TO ORDER Vice Chairman Davis opened the NON-WORKING("Informational")meeting at 3:10 PM and read the procedures to be observed during the meeting. 2. ROLL CALL—COMMITTEE MEMBERS AND STAFF Roll Call was taken. A quorum was not established. Only four voting members were present; six are required to achieve quorum. The Vice Chairman stated only"Information Items"would be heard. 3. AGENDA AND MINUTES a. Approval of Agenda (No action was taken) b. Approval of AHAC Minutes—November 5,2012 (Deferred to next meeting) c. Approval of AHAC Subcommittee Minutes—October 22,2012 (Deferred to next meeting) 4. INFORMATION ITEMS A. Update: State Housing Initiatives Partnership Program ("SHIP")—Priscilla Doria Report for November 1—30,2012 • Initial Funds—$2,135,482.74 • Purchase Assistance—$1,873,571.80 o 11/2012: $180,000 o Award to applicant- $20,000 • Homebuyers Education—$50,000.00 o 11/2012: $ 00.00 o Buyers are required to attend/complete classes before award is made • Administration(10%)—$212,910.94 o 11/2012: $14,021.82 • Balance to be expended: $1,049,153.32 • Deadline: June 30,2013 • Purchase Assistance Award- $20,000 per recipient • Applications are accepted on a"first come/first serve"basis. o 20 applications are currently in review o Processing time: 3 to 4 weeks • Funds set aside for"moderate income"candidates has been expended • Remaining funds for"low income" and`very low income"are still available • January 7,2013 Item#3D • Buyers must obtain mortgage approval from a lender. The down-payment assistance provided by the Program is subordinate financing and is secured by a second loan on the property. Loan is deferred; no monthly payment or interest. • Loan is to be repaid upon sale of home or refinance of the initial loan. The balance is forgiven after 15 years of continual ownership. • Lenders are aware of program requirements and restrictions. • Applications are available on the County's website. 5. PUBLIC COMMENT (None) 6. DISCUSSION ITEMS/PRESENTATIONS A. Presentation: Affordable Housing Study—Michele Mosca,Principal Planner, Comprehensive Planning Inventory(directed by the Board of County Commissioners) • Will be presented to the Board of County Commissioners at January 22"d meeting • Copies of the Executive Summary and Staff Analysis were provided to the Committee Members • Scope of Inventory was limited to ownership-only units. • The parameters for the Study were approved by the BCC in 2010. • Staff reviewed 10,000+closing records for the period from May,2011 through May, 2012 (records were provided by the Property Appraiser's Office) • Area Median Income("AMI")for 2012: $72,800 • Affordable Housing categories for a 4-person household: o "Very Low" (50%of AMI= $36,400) o "Low" (80%of AMI - $58,250) o "Moderate" (120%of AMI=$87,360) o "Affordable Workforce" (140%of AMI=$101,920) • Cost-burdened Households—44,978 (figures supplied by the Shimberg Center for Housing Studies (Chairman Hruby arrived at 3:32 PM—Quorum was not achieved) Vice Chairman Davis express concern that the figures may not be realistic regarding the mortgage amount that could be carried by a buyer. Ms.Mosca agreed stating the figures were based on a static set of numbers. She stated the value of the Study was in locating the affordable units generally within the income ranges. B. Discussion: Application of Albert Batista for appointment to AHAC (Deferred until next meeting) C. Welcome to new Member,Gerald Murphy January 7,2013 Item#3D Vice Chairman Davis introduced Mr. Murphy and welcomed him to the Committee. He noted Mr. Murphy represented the City of Naples. D. Presentation: AHAC Ordinance—Assistant County Attorney Jennifer White Ms.White provided a brief overview of the SHIP Program,including how the Program is administered, eligibility requirements for participating Counties, distribution of funding to eligible Counties and utilization of the funding. The housing assistance plan for Collier County determines how the funds may be utilized for any specific year. • 1991: The Board of County Commissioners adopted an Ordinance that established the Collier County Affordable Housing Commission o The Ordinance has been amended four times in the past 20 years • 1993: An Ordinance was adopted that created a local housing assistance trust fund; designed responsibility for the program, and created the Affordable Housing Advisory Committee • The proposed Ordinance(#2013 - )consolidates the two Ordinances into one and references the Florida State regulations which govern the SHIP Program. o If State regulations change in the future, will not be necessary to change the Ordinance since the regulations will automatically apply • The proposed Ordinance will not change the SHIP Program or its administration by the Affordable Housing Advisory Committee • Changes in the proposed Ordinance: o The requirement that City of Naples appoint two members will be moved to an Interlocal Agreement with the City; o Attendance requirements will refer to the Ordinance adopted by the Board of County Commissioners regarding creation of Advisory Boards and the rules governing their members; o The number of members required to establish Quorum will remain at 6; and o The Ordinance will become effective thirty days after the date of formal adoption by the Board of County Commissioners. E. DRI/DREF& CDBG Projects—Request for Volunteers for Selection Committee • Disaster Recovery Initiative -approximately $1.2M to be re-programmed • CDBG—approximately$1M • Funding is excess from completed projects and re-purposing has been approved by the State • Two committees will be established Alan Hamish and Gerald Murphy volunteered to serve on the Committees. January 7,2013 Item#3D 7. COMMENTS— STAFF/COMMITTEE MEMBERS (None) NEXT MEETING: February 7,2013—3:00 PM Location: BCC Chambers,3rd Floor,Administrative Building"F" There being no further business for the good of the County,the meeting was adjourned at 4:00 PM by order of the Vice-Chairman. COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Christian Davis, Vice Chairman The foregoing Minutes were approved by Committee ChairNVice Chairman on ,2013,"as submitted" [ 1 OR "as amended" [ ]. April 8,2013 Item#66 EXECUTIVE SUMMARY Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2013/2014,2014/2015 and 2015/2016,sign associated documents, and authorize submission to the Florida Housing Finance Corporation and approve the associated interlocal agreement with the City of Naples. OBJECTIVE: To approve the State Housing Initiatives Partnership (SHIP) Program 2013/2014; 2014/2015; 2015/2016 Local Housing Assistance Plan, as required triennially, setting forth the program operation for this period, and approve the associated interlocal agreement. CONSIDERATIONS: On July 7, 1992, the Florida legislature signed into law the Sadowski Affordable Housing Act to provide additional funding to local jurisdictions through a documentary stamp tax on real estate transactions for the provision of affordable housing. Funded under the State Housing Initiatives Partnership Program (SHIP), Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities as defined at Section 420.9075, F.S. and Chapter 67- 37.007, F.A.C. These funds are for the provision of affordable housing. To participate in this program, every three years the county must adopt a new Local Housing Assistance Plan. Until recently, it was thought that no future funding would become available. However, currently staff is told the Governor has asked that some funding be allocated in the new state FY budget. By early June 2013 we would expect to know the Florida budget appropriation to Collier County, if any. Approval of the plan will allow Collier County to expend funds for SHIP eligible activities for three fiscal year periods. Pursuant to Section 420.9075, F.S. and Chapter 67-37.005(1), F.A.C., Collier County must adopt a Local Housing Assistance Plan and submit to the grantor agency, Florida Housing Finance Corporation, not later than May 2,2013. It is required that a minimum of 65% of SHIP funds be spent on homeownership activities and 75% of all funds must be spent on construction activities. However, construction can be rehabilitation undertaken on a home receiving SHIP assistance. The two strategies included in the Local Housing Assistance Plan designed to meet these requirements are as follows: 1. Purchase Assistance — provide first time homebuyers with a second mortgage for a portion of the down payment and closing cost expenses associated with the purchase transaction. 2. Disaster Relief—assist homeowners following a natural disaster. This strategy will only be implemented following a natural disaster as declared by the President of the United States or the Governor of the State of Florida. April 8,2013 Item#6B On April 8, 2013, the Collier County Affordable Housing Advisory Committee was presented the proposed Local Housing Assistance Plan and by unanimous vote approved the Plan and recommended it for approval by the Board of County Commissioners. Approval of this item will also authorize the Chairwoman to sign the Certification to Florida Housing Finance Corporation, adopting Resolution and Inter-local Agreement with the City of Naples. FISCAL IMPACT: Submission of the Local Housing Assistance Plan allows Collier County to be eligible to receive funding, should funding be allocated in the future. GROWTH MANAGEMENT IMPACT: This Local Housing Assistance Plan facilitates efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: RECOMMENDATION: To adopt the State Housing Initiatives Partnership Program Local Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015, 2015/2016, authorize the Chairwoman to sign associated documents, and authorize submission to the Florida Housing Finance Corporation. PREPARED BY: Priscilla Doria, Grants Coordinator,Housing, Human and Veteran Services COLLIER COUNTY AND CITY of NAPLES C. 1,4t1t!'t�, lit":=�A [r /T u STATE HOUSING INITIATIVES PARNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2013-14, 2014-15 and 2015-16 ADOPTED BY RESOLUTION: Housing, Human and Veteran Services Public Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 www.colliergov.net Adoption Date: Revision Date: Table of Contents Page No. Section I. Program Description Purpose of the Program 3 Purchase Price Limits 4 Section II. Strategies Purchase Assistance 7 Disaster Relief 10 Section III. LHAP Incentive Strategies Expedited Permitting 12 Ongoing Review 12 Increased Density for Affordable Housing 13 Inventory of Locally Owned Public Lands Suitable for Affordable Housing 13 Section IV. Exhibits Administrative Budget 15 Timeline 16 Housing Delivery Goals 19 Certification 22 County Resolution 24 Program Information 27 Ordinance 28 Interlocal Agreement 33 2 Adoption Date: Revision Date: PROGRAM DESCRIPTION: A. Name of the participating local government: Collier County Board of County Commissioners and Interlocal Agreement with: City of Naples A copy of the Interlocal Agreement is attached as: Exhibit H. B. Purpose of the program: Creation of the Local Housing Assistance Plan (LHAP) is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2013-14; 2014-15; 2015-16 D. Governance: The County has established their SHIP Program in accordance with Section 420.907- 9079, Florida Statutes and Chapter 67-37 Florida Administrative Code. The County SHIP Program does further the housing element of the Collier County Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: The County SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. F. Leveraging: The County Local Housing Assistance Plan increases the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs, including local match to obtain federal housing grants or programs. G. Public Input: The Affordable Housing Advisory Committee public meetings are advertised, open to the public and may be televised; attendees are welcome to speak. Public input is also solicited through the local newspaper when advertising the Notice of Funding 3 Adoption Date: Revision Date: Availability and the County website and Board Agenda when noticing the Local Housing Assistance Plan and Annual Report. Staff additionally request input from housing providers, social service agencies, and local lenders and realtors throughout the year. H. Advertising and Outreach: Collier County advertises with a Notice of Funding Availability in the local newspaper of general circulation serving ethnic and diverse neighborhoods and the County website, at least 30 days before the beginning of the application period unless there is no funding available due to a waiting list. I. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Collier County offers free HUD approved Homebuyer Pre-purchase class instruction to prospective SHIP applicants. The County also offers information and referral services to local support service organization including, but not limited to credit counseling, tenant counseling and transportation. K. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: Independent Study(copy attached) X U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts: Exhibit C L. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida 4 Adoption Date: Revision Date: Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Welfare Transition Program: Should an eligible sponsor be used, the County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, this includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing, the County shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever is longer, unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: A detailed listing of the line-item budget for proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted in the LHAP. Collier County and the City of Naples finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: 5 Adoption Date: Revision Date: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The County and City have adopted the above findings in the attached resolution, Exhibit E. P. Program Administration: Administration of the local housing assistance plan is the responsibility of Collier County. Should a third party entity or consultant contract for all of part of the administrative or other functions of the program the County will provide in detail the duties, qualification and selection criteria. Q. Essential Service Personnel: Counties and eligible municipalities are required to include a definition of Essential Services Personnel as noted in Rule Chapter 67-37.002(8) F.A.C., Chapter 67- 37.005(10), F.A.C. and Section 420.9075(3), F.S. Collier County's definition of "Essential Service Personnel" includes, but is not limited to, teachers and educators, other school district, community college, university employees, police and fire personnel, health care personnel, and skilled building trade personnel. R. Section 420.9075(3)(d), F.S.: Innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Provide a brief description as required: Collier County Homeownership Education classes provide curriculum on cost cutting measures that homeowners can use to reduce energy consumption. Collier County also encourages the use or inclusion, when appropriate, of the following: energy star appliances; low-E windows; additional insulation (for increased R-value); ceramic tile; tank-less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; impact resistant windows and doors. 6 Adoption Date: Revision Date: H. LHAP HOUSING STRATEGIES: A. Purchase Assistance a) Summary of the Strategy: The Collier County Purchase Assistance Program is designed to assist first-time homebuyers with the purchase of a new or existing single family home or condominium. Funding, which is provided as a second or subordinate mortgage loan, may be used for down payment, closing costs and principal buy-down as needed for affordable home ownership. SHIP funds may be used in conjunction with a first mortgage loan obtained from a participating lender, not-for-profit developer, Florida Housing Finance Corporation's Bond Program or Rural Development. b) State Fiscal Years Covered: 2013-14, 2014-15, 2015-16 c) Income Categories to be served: Applicants assisted must be income certified as very low, low, and moderate income, including persons with special needs as defined in Florida Administrative Code, 67-37.002 Definitions (21) Persons Who Have Special Housing Needs. d) Maximum Award: The maximum award will be 20% of the purchase price, not to exceed $20,000. In the event that another funding source, such as CDBG or HOME is used in conjunction with SHIP, the total amount of assistance from all sources will not exceed the maximum award as stated herein. e) Terms, Recapture and Default: Funds are secured with a recorded fifteen (15) year, zero interest, and deferred payment second mortgage loan and note forgiven at the end of the 15 year period if all conditions have been met. The County will take a third position if FHFC funds are used in addition to SHIP or at the discretion of the Department Director. Monthly payments are not required. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan. 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance to access equity; a refinance of the first mortgage may be 7 Adoption Date: Revision Date: approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the "Refinance Policy". 4. Home is no longer primary residence, leased or rented. In the event that all mortgage holders are deceased, the loan will be forgiven. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. The County has determined the following terms and provisions for program income versus recaptured funds: a. Program Income is a source of SHIP revenue received from the following sources: bank interest, amortized loan payments and any associated interest and penalties, loan proceeds due to repayment of a loan under the condition of refinancing, sale or transfer of title, property is no longer the client's primary residence. b. Recaptured funds is a source of SHIP revenue, received when a SHIP recipient loses his or her house to foreclosure/tax deed sales or the County repays funds that assisted an ineligible client. All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. f) Recipient Selection Criteria: An applicant may submit a completed application for Housing Assistance to the County for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Applications are processed on a first received, first qualified (income and lender approved) first served by income category. Funds will be reserved and awarded to applicants that have met all of the County requirements, are SHIP Income Certified and have a mortgage loan approval from a participating Lender In the event there are more applications than can be processed due to lack of funding, a waiting list will be maintained. Applications will be sorted by income category; very low, low or moderate. Applicants will be placed on the appropriate income category list in numerical order. As funding becomes available for a specific income category, the applicant with the lowest number within that category will be contacted and processed. Applicants must attend a county approved Homeowner Education Program and provide a copy of the certificate to the Department. The Certificate must be dated within one year of County application date. Persons that qualify for SHIP assistance will be required to contractually agree to all SHIP program guidelines, County SHIP mortgage requirements, repayment 8 Adoption Date: Revision Date: provisions, and certify that the unit assisted will be their primary residence. g) Sponsor Selection Criteria: Not Applicable. h) Additional Information: i. Units assisted must be within the incorporated or unincorporated area of Collier County. ii. Mobile or manufactured homes are not a category of eligible housing for the County at this time. iii. Completion of the Homebuyer Education Program is mandatory prior to closing. iv. First mortgage must be at a fixed rate; no ARM's, prepayment penalty, negative amortization, balloon loan, owner financing or other non-affordable loan terms are allowed. v. Financial Institutions must be approved by the County in order to participate in the SHIP Program. 9 Adoption Date: Revision Date: B. Disaster Relief Grant Assistance a) Summary of the Strategy: The Disaster Strategy provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a natural disaster using any funds that have not yet been encumbered or additional disaster funds issued by Florida Housing Finance Corporation. SHIP disaster funds may be used for items such as, but not limited to: • Tree and debris removal to make individual housing units habitable; • Interim repairs to avoid further damage to home; • Emergency supplies to weather proof damaged home; • Building permits; • Post disaster assistance with non-insured repairs; • Expenses to prevent flooding of home such as sand bags, sand, pump rental, etc.; and • Construction of wells or repair of existing wells where public water is not available. b) Fiscal Years Covered: 2013-14, 2014-15, 2015-16 c) Income Categories to be served: Very low, low and moderate-income households and persons with special needs as defined in Florida Administrative Code, 67-37.002 Definitions (21) Persons Who Have Special Housing Needs. d) Maximum Award: Specific award information is located in the Housing Delivery Goals Charts at Exhibit C. e) Terms,Recapture and Default: All SHIP funds provided to eligible households will be in the form of a grant and not subject to recapture. Persons that qualify for SHIP assistance will be required to sign a grant agreement, contractually agreeing to all SHIP program guidelines Applicants will be required to complete an application for Housing Assistance and provide documentation to as required for income certification. If authorized by Florida Housing Finance Corporation, the County will utilize the Corporation's DISASTER SELF-CERTIFICATION OF INCOME FORM. f) Recipient Selection Criteria: The household assisted must be certified as very low, low or moderate-income and located in Collier County. Completed applications from affected homeowners will be accepted on a first received, first served basis by income category and processed expediently. 10 Adoption Date: Revision Date: Applicants are required to provide all documentation requested for income and eligibility determination. The unit assisted must be owner-occupied and homesteaded as the primary residence. g) Sponsor Selection Criteria: Not applicable h) Additional Information: SHIP funds at all times must be used for eligible applicants and eligible housing. SHIP disaster funds may not be used for the purchase or rehabilitation of mobile homes unless authorized within the Executive Order. 11 Adoption Date: Revision Date: III. LHAP INCENTIVE STRATEGIES: In addition to Strategy A and Strategy B, include all adopted incentives with the policies and procedures used daily for implementation as provided in Section 420.9076, F.S.: Name of the Strategy: Expedited Permitting Collier County will expedite permits as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects to a greater degree than other projects. Affordable housing projects will be identified as those projects assisted with state or federal housing funds. a. Provide a description of the procedures used to implement this strategy: Collier County Board of County Commissioners adopted Resolution No.2007-176 on July 24, 2007, superseding and replacing Resolution 2005-408, amending the procedures for expediting the development review process for qualified affordable- workforce housing including community workforce housing innovation program (CWHIP) projects. Initially, a qualification meeting is called with the developer and staff to determine if the project meets the affordable housing requirements. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. Planning and Zoning will provided expedited status by assisting these developments first throughout the process from application through Certificate of Occupancy. In 2010-2011, Collier County refined the building permit process and performance measures were developed to facilitate the expedited performance and allow the county to closely monitor its performance and adherence to this policy. The current building permit process is 5, 10, 15 days, however single family permits that are using state or federal funding will be moved to the top of the permit process. Name of the Strategy: Ongoing Review Process Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary. a. Provide a description of the procedures used to implement this strategy: The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory Committee regularly forms subcommittees to review impediments to affordable housing, as well as new affordable housing incentives. 12 Adoption Date: Revision Date: Name of the Strategy: Increased Density for Affordable Housing Collier County allows developers to request increased density when including a certain percentage of affordable housing in the proposed development. a. Provide a description of the procedures used to implement this strategy: An Affordable Housing Density Bonus Agreement must be submitted and approved by the Collier County Board of County Commissioners as provided for in the Collier County Land Development Code, ss. 2.06.00. Name of the Strategy: Inventory of Locally Owned Public Lands Suitable for Affordable Housing. a. Provide a description of the procedures used to implement this strategy: Collier County prepares an inventory of all real property owned by Collier County that may be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every three years. Collier County Resolution No. 2007-172, adopted June 26, 2007, permits properties identified as appropriate for use as affordable housing may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. 13 Adoption Date: Revision Date: IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005, F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart(HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as Exhibit D. E. Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: A copy of the Interlocal Agreement if applicable is attached as Exhibit H. 14 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A LHAP 2013 Exhibit A 67-37.005(1),F.A.C. Collier County Estimated Allcoation for Calculating: $ 2,469,857.00 =fiscal Year 2013-14 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 al Year 2013/2014 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 ;,al Year 2014/2015 Salaries and Benefits $ 226,987.00 Office Supplies and Equipment $ 5,000.00 Travel Perdiem Workshops, etc $ 2,500.00 Advertising $ 2,500.00 Other Contractual Services $ 10,000.00 Total $ 246,987.00 15 TIMETABLE FOR STATE FISCAL YEAR 2013 Name of Local Government: COLLIER COUNTY Advertise Availability of Funds x Application Period(On-Going) x x x x z x x x x x x x x x x x x X X X X X X Start Program Year x Annual Report x x Mid-Year Review/Adjustments x End-Year Review/Adjustments x x Encumbrance Deadline x Expenditure Deadline Final Program Review Directions: Type in the applicable years across the top line. List Program Activities down left hand side. Type in an"X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds(12 months following end of State Fiscal Year) 3) Expenditure of funds(24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC(September 15th) 16 TIMETABLE FOR STATE FISCAL YEAR 2014 Name of Local Government: COLLIER COUNTY Advertise Availability of Funds x Application Pedod(On-Going) X X X X X X X x X X x X x x x x x X X X X X X Start Program Year x Annual Report x x Mid-Year Review/Adjustments x End-Year Review/Adjustments x x Encumbrance Deadline x Eupenditure Deadline Final Program Review Directions: Type in the applicable years across the top line. List Program Activities down left hand side. Type in an"X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds(12 months following end of State Fiscal Year) 3) Expenditure of funds(24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC(September 15th) 17 TIMETABLE FOR STATE FISCAL YEAR 2015 Name of Local Government: COLLIER COUNTY Advertise Availability of Funds X Application Pedod(On-Going) X X X X X X X X X x X x x X X X X X X X X X X Start Program Year X Annual Report X X Mid-Year Review/Adjustments X End-Year Review/Adjustments X X Encumbrance Deadline X Expenditure Deadline Final Program Review Directions: Type in the applicable years across the top line. List Program Activities down left hand side. Type in an"X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds(12 months following end of State Fiscal Year) 3) Expenditure of funds(24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC(September 15th) 18 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2013 Name of Local Government: COLLIER COUNTY Estimated Funds: $2,669,867.00 A B C Strategy# HOME OWNERSHIP VU Max.SHIP LI Max.SHIP MI Max.SHIP New Construction Rehab/Repair Without Constru From Plan STRATEGIES(strategy title must be Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar Text same as the title used in plan text. 1 Purchase Assistance 47 $20,000 47 $20,000 36 $20,000 $1,000,000.00 $900,000.00 $487.88 2 Disaster Assistance 0 $5,000 0 $5,000 0 $5,000 $0.00 $0.00 $ Subtotal 1(Home Ownership) 47 47 36 $1,000,000.00 $900,000.00 $487,88 RENTAL VLI Max.SHIP LI Max.SHIP MI Max.SHIP New Construction Rehab/Repair Without Constru STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar Not Applicable Subtotal 2(Non-Home Ownership) 0 0 0 $0.00 $0.00 $ Administration Fees Admin.From Program Income Home Ownership Counseling GRAND TOTAL Add Subtotals l a 2.pus all Allmon.&HO Counseling 47 47 36 $1,000,000.00 $900,000.00 $487,88 Percentage Construction/Reh Calculate Constr./Rehab Percent.by adding Grand Total Columns A&B,then divide by Annual Allocation Amt. Maximum Allowable Purchase Price: New $300,000.00 Existinc Allocation Breakdown Amount % Projected Program Income: $200,000.00 Max Amount Pr Very-Low Income $860,000 00 32.2% Projected Recaptured Funds: Low Income $860,000.00 32.2% Distribution: $2,469,867.00 Moderate Income $667,881 00 25.0% Total Available Funds: $2,669,867.00 TOTAL $2,387,881.00 89.4% 19 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2014 Name of Local Government: COLLIER COUNTY I Estimated Funds: $2,669,867.00 A B C Strategy# HOME OWNERSHIP VLI Max.SHIP LI Max.SHIP MI Max.SHIP New Construction RehablRepair Without Constru From Plan STRATEGIES(strategy title must be Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar Text same as the title used in plan text. 1 Purchase Assistance 47 $20,000 47 $20,000 36 S20,000 $1,000,000.00 $900,000.00 $487,88 2 Disaster Assistance 0 $5,000 0 $5,000 0 $5,000 $0.00 $0.00 $ Subtotal 1(Home Ownership) 47 47 36 $1,000,000.00 $900,000.00 $487,88 RENTAL VLI Max.SHIP LI Max.SHIP MI Max.SHIP New Construction RehablRepair Without Constru STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar Not Applicable Subtotal 2(Non-Home Ownership) 0 0 0 $0.00 $0.00 $ Administration Fees Admin.From Program Income Home Ownership Counseling GRAND TOTAL Add suWdals la g,plus all Admin.a HO Couns ung 47 47 36 $1,000,000.00 $900,000.00 $487,88 Percentage Construction/Reh Calculate Constr./Rehab Percent.by adding Grand Total Columns A&B,then divide by Annual Allocation Amt. Maximum Allowable - Purchase Price: New $300,000.00 Existinc Allocation Breakdown Amount % $200,000.00 Max Amount Pr Very-Low Income $860,000 00 32.2% Projected Recaptured Funds: Low Income $860,000.00 32.2% Distribution: $2,469,867.00 Moderate Income $667,881.00 25.0%_Total Available Funds: $2,669,867.00 TOTAL $2,387,881.00 89.4% I 1 �. 1 20 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2015 Name of Local Government: COLLIER COUNTY Estimated Funds: $2,669,867.00 _ A B C i Strategy# HOME OWNERSHIP VU Max.SHIP LI Max.SHIP MI Max.SHIP New Construction RehablRepair Without Constru From Plan STRATEGIES(strategy title must be Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar Text same as the title used in plan text. a Purchase Assistance 47 $20,000 47 $20,000 36 $20,000 $1,000,000.00 $900,000.00 $487,88 2 Disaster Assistance 0 $5.000 0 $5,000 0 $5,000 $0.00 $0.00 $ Subtotal 1(Home Ownership) 47 47 36 $1,000,000.00 $900,000.00 $487,88 RENTAL VLI Max.SHIP LI Max.SHIP MI Max.SHIP New Construction Rehab/Repair Without Constru STRATEGIES Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollar , Not Applicable Subtotal 2(Non-Home Ownership) 0 0 0 $0.00 $0.00 $ Administration Fees Admin.From Program Income i Home Ownership Counseling GRAND TOTAL Add Subtotals 182.plus all Admen.a HO Counseling 47 47 36 $1,000,000.00 $900,000.00 $487,88 Percentage Construction/Reh Calculate Constr./Rehab Percent.by adding Grand Total Columns A&B,then divide by Annual Allocation Amt. Maximum Allowable Purchase Price: New $300,000.00 Existinc Allocation Breakdown Amount % Projected Program Income: $200,000.00 Max Amount Pr Very-Low Income $860,000.00 32.2% Projected Recaptured Funds: Low Income $860,000 00 32.2% Distribution: $2,469,867.00 Moderate Income $667,881.00 25.0% Total Available Funds: $2,669,867.00 TOTAL $2,387,881.00 89.4% 21 LHAP Exhibit D 2013 67-37.005(1), F.A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (1) The local government will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status,handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan,or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year. 1 LHAP Exhibit D 2013 67-37.005(1), F.A.C. (13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly,any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), Florida Statutes. (18) The Plan meets the requirements of Sections 420.907-420.9079 Florida Statutes, and Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida have not been implemented. (except for Miami Dade County) ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK GEORGIA A HILLER, ESQ. CHAIRWOMAN Approval as to form and legal Sufficiency: Jennifer B. White Assistant County Attorney RESOLUTION No.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE 2013-2016 LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013-2014,2014-2015 AND 2015-2016 AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES AND CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY REQUIRED DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the State of Florida enacted the William E.Sadowski Affordable Housing Act,Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS,the State Housing Initiatives Partnership(SHIP)Act, Subsections 420.907-420.9079,Florida Statutes,and Chapter 67-37,Florida Administrative Code, requires local governments to develop a one-to three-year Local Housing Assistance Plan outlining how funds will be used;and WHEREAS,the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy;and WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the SHIP Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, Section 420.9075(7), Florida Statutes, allows a county to exceed the 5-percent limitation on administrative costs, if its governing body finds,by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. WHEREAS,the Housing,Health and Veteran Services Department has prepared a 2013-2016 Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation containing administrative costs that exceed the 5-percent limitation; and WHEREAS,the Board of County Commissioners finds that it is in the best interest of the citizens of Collier County for it to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds with administrative costs paid from moneys deposited into the local housing assistance trust fund. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1: 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. Section 2: The 2013-2016 Local Housing Assistance Plan for fiscal years 2014,2015 and 2016,as attached and incorporated hereto as required by Subsections 420.907-420.9079,Florida Statutes, is approved for submission to the Florida Housing Finance Corporation. Section 3: The Chairwoman is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and the Director of Housing,Health and Veteran Services,as the Program Administrator is designated and authorized to do all things necessary and proper to carry out the term and conditions of said Plan. Section 4: This resolution shall take effect immediately upon its adoption. This Resolution adopted this day of , 2013, after motion second and majority in favor of passage. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney -31 A.r1 t 3 LHAP Exhibit F 2013 67-37.005(1),F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROGRAM INFORMATION SHEET The following information must be furnished to the Corporation before any funds can be disbursed. Local Government Collier County Government Chief Elected Official Chairwoman, Georgia A. Hiller, Esq. Address 3299 Tamiami Trail East, Naples, Florida 34112 SHIP Administrator Kristi Sonntag, Manager Federal/State Grants Address 3339 E. Tamiami Trail, Suite 211,Naples, Florida 34112 Telephone 239-252-2486 EMAIL KristiSonntagii1+col Iiergov.net Alternate SHIP Contact Priscilla Doria, Grant Coordinator Telephone 239-252-5312 EMAIL PriscillaDoria@colliergov.net Interlocal Agreement (list other local City of Naples governments in interlocal) Local Government Employer Federal ID # 85-8015966531C-1 Disbursement (list bank account information if changed from previous) Other Information Kimberley Grant, Interim Director KimberleyGrant@Colliergov.net 27 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE LOCAL HOUSINGMASSISTANCE TRUST ESTABLISHMENT OF PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION; PROVIDING O Y COMMITTEE; RO I DING AFFORDABLE HOUSING ADVISORY REPEAL OF ORDINANCE NO. 93-19, AS AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91-65, AS AMENDED; PROVIDING FOR INCLUSION OR THE CONFLICT CO F LAND AND ORDINANCES; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1992, the Legislature of the State of Florida approved the Sadowski Affordable Housing Act creating the State Housing Initiatives Partnership ("SHIP") Program ro ram for the specific purpose of supporting and expanding the availability of affordable g resources esou within the State; and WHEREAS, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 93-19 on April 13, 1993, creating a local housing assistance trust and establishing a local housing assistance program, designating responsibility for the program, creating an Affordable Housing Advisory Corrunittee; and WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission (now known as the Affordable Housing Advisory Committee), which Ordinance was subsequently amended by Ordinance Nos. 04-77, 05-69, 08-17, and 09-50; and WHEREAS, the Board has determined that it is in the best interest of the County to repeal Ordinance No. 93-19, as amended, and Ordinance No. 91-65, as amended, in order to adopt a single consolidated Ordinance to comply with the requirements set forth in Florida Statutes, Sections 420.907- 420.9070 and Chapter 67-37,Florida Administrative Code. 5 2013 Collier County SHIP Local Housing Assistance Program Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County SHIP Local Housing Assistance Program Ordinance". SECTION TWO: Definitions. For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter 420.9071 and Rule 67-37.002,Florida Administrative Code, as they may be amended or replaced from time to time, are adopted herein by reference. SECTION THREE: Establishment of the Local Housing Assistance Program. The Local Housing Assistance Program is hereby created and established to implement the requirements of Florida Statutes, Section 420.907 and Rule 67-37, Florida Administrative Code, adopted herein by reference, as they may be amended or replaced from time to time. The County shall implement the program within the unincorporated boundaries of Collier County and may enter into an interlocal agreement with municipalities. The strategies of the program will be set forth in the County's SHIP local housing assistance plan. SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund. Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal accounting office of the County as originally established on April 13, 1993, by Ordinance No. 93-19. The County's local housing assistance trust fund shall be separately stated as a special revenue fund in the county's audited financial statements. Copies of such audited financ ial statements shall be forwarded to the Florida Housing Finance Agency. All moneys received from the state pursuant to the State Housing Initiative Partnership (SHIP] Program and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Collier County Local Housing Assistance Trust Fund. 6 2013 Collier County SHIP Local Housing Assistance Program Ordinance SECTION FIVE: Designation of responsibility for implementation. The Director of the County's Department of Housing,Human and Veterans Services shall be primarily responsible for implementation and administration of the local housing assistance program. SECTION SIX: Establishment of an Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee is created and established in accordance with Florida Statutes, Section 420.9076 and County Ordinance No. 01-55, Standards for The Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes, Section 420.9076 shall apply. Duties of the advisory committee are provided in Florida Statutes, Section 420.9076(2)(a) - (k) adopted herein by reference, as they may be amended or replaced from time to time. Appointments to the Affordable Housing Advisory Committee will be made in accordance with the membership requirements of Florida Statutes, Section 420.9076, including joint appointments to prepare a joint plan when a participating municipality enters into an interlocal agreement to administer its program. The committee shall consist of eleven (11) members as required by Florida Statutes 420.9076 (2)(a)-(k), appointed by Resolution of the Board of County Commissioners no later than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service shall be for three (3) years or at the discretion of the Board. Terms may be extended for one additional three (3) year term. Six (6) members shall constitute a quorum sufficient to permit the committee to take any formal action. However, if formal action is not taken, the committee may meet to hear presentations with less than a quorum in attendance, if the meeting is duly noticed. A majority of concurring votes of the entire membership of the committee shall be necessary for a decision or recommendation by the committee. The committee may elect a chairperson or presiding officer. The committee members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms. 7 2013 Collier County S1-1UP Local Housing Assistance Program Ordinance The committee shall meet at least triennially and submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a) - (k). The Board of County Commissioners may sunset or suspend meetings of the committee upon submission of the triennial Incentive Report and reconvene no later than March 2 of the year the Incentive Report is due. The committee will be cooperatively staffed by Housing, Human and Veterans Services Department and Planning and Zoning Department staff in accordance with Florida Statutes, Section 420.9076(9). SECTION SEVEN: Repeal of Ordinance No. 93-19, as amended. Ordinance No. 93-19, pertaining to the Collier County Housing Initiatives Partnership Program, and all amendments thereto, is hereby repealed in its entirety. SECTION EIGHT: Repeal of Ordinance No.91-65, as amended. Ordinance No. 91-65, pertaining to the Affordable Housing Committee, and all amendments thereto,is hereby repealed in its entirety. SECTION NINE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such, and that the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective date. This Ordinance shall become effective thirty (30) days after its adoption by the Board of County Commissioners. 8 2013 Collier County SHIP Local Housing Assistance Program Ordinance . • PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of_ , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Georgia A. Hiller, Esq. Chairwoman Approved as to form and legal sufficiency: Jennifer B. White \;-) Assistant County Attorney \\ 9 2013 Collier County SHIP Local Housing Assistance Program Ordinance COLLIER COUNTY/CITY OF NAPLES INTERLOCAL AGREEMENT STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM THIS INTERLOCAL AGREEMENT (the "Agreement") made and entered into this day of , 2013, by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council. WITNESSETH: WHEREAS, Section 420.9072, et seq., Florida Statutes (the "State Housing Initiatives Partnership Program" ("SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to approved counties and eligible municipalities within the county pursuant to an Interlocal Agreement; and WHEREAS, Collier County is an approved county and the City of Naples is an eligible municipality within Collier County; and WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this Agreement; and WHEREAS, the parties have determined that SHIP funds can be more efficiently utilized and managed when the parties work cooperatively to address the community's affordable housing needs. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. The County and City do hereby agree that the SHIP Program funds as allocated in Section 420.9073, Florida Statutes, are to be distributed to Collier County to administer in conformity with the mutually approved Local Housing Assistance Plan. 1 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the three-year Local Housing Assistance Plan (the "LHAP") which expires June 30, 2016 and will be automatically renewed with adoption of subsequent LHAPs. 3. The County and City direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the SHIP Program funds in accordance with this Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Agreement. 4. The SHIP Program funds so distributed will he deposited in a single depository trust fund account created and managed by Collier County, Finance Division of the Office of the Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing Trust Fund (hereinafter referred to as"Local Fund"), to which SHIP funds are distributed by the Corporation. The Corporation will be notified of any change in the Local Fund status and the parties agree to have such Local Fund audited annually as required by Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative Code. Since all distributions from the Local Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single Entity Audit of the accounts and records of the County with respect to SHIP revenues and expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP Regulations. The parties hereto agree that the Local Fund may be allocated a pro-rata cost of the independent audit by the County. 5. During the term of this Agreement, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local Fund. 6. Membership to the Affordable Housing Advisory Committee shall be jointly appointed by Resolution of both the County and City to triennially prepare a joint Local Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes. 7. The parties to this Agreement have adopted incentives from the Affordable Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory Committee, amending the Local Housing Assistance Plan accordingly. Both parties understand that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable 2 housing and agree to cooperate in ensuring that the requirements and spirit of the Chapter 420, Florida Statutes is satisfied. 8. Neither party shall use any revenues distributed and allocated for purposes other than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67-37, Florida Administrative Code. 9. During the term of this Agreement, any party may give the other party ninety (90) days written notice that it wishes to renegotiate the terms of this Agreement, to he effective on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the commencement of the next fiscal year, this Agreement shall terminate and be of no further force or effect, and the funds shall he allocated according to population pursuant to Section 420.9072 and Section 420.9073, Florida Statutes. 10. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Local Fund to be used by the Corporation. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative Code are incorporated herein as if they were restated. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk Georgia A. 1-filler, Esq. Chairwoman Approved as to form and legal sufficiency: Jennifer B. White �� Y Assistant County Attorney ' �' �i " 3 A'I"I'LST: CITY OF NAPLES, a Municipal Corporation F By 7- Patricia L,. Rambosk, ity Clerk ,John F. Sorey III,Mayor Approved as to form and. legal sufficiency: ?c-11,4—.D, rP I Robert D. Prat,City Attorney 4