Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 06/28/2016 Item #16D26
6/28/2016 16.D.26. t—N. EXECUTIVE SUMMARY Recommendation to authorize a $20,000 SHIP purchase assistance disbursement•under the State Housing Initiatives Partnership(SHIP)Program. OBJECTIVE:To provide purchase assistance toward achieving homeownership in Collier County. CONSIDERATIONS: At the October 13, 2015 BCC meeting (Item 16D13), the BCC declared the implementation of the Purchase Assistance Program under the SHIP program to be administrative and ministerial, as staff follows prescriptive selection and qualification criteria and process steps.Notwithstanding this declaration,there is a specific case(file 14-023)on which Finance has asked staff to seek BCC payment authorization. At issue is one element of the income calculation and validation process related to self-employment income not appearing to be reported on the applicants' income tax return. Briefly, this is the situation: The applicants have income from a small business that is not their primary source of income. During this process staff identified that income and/or expenses from this business did not appear to be reported on the tax return. Staff consulted with the state authorized technical assistance office at Florida Housing Coalition (FHC)and also the grantor agency,Florida Housing Financing Corporation(FHFC),on the proper approach and alternative documentation, and properly documented and included that self-employment income in performing the income validation process. FHFC indicates the program guidelines have been followed and therefore disbursement should be made. �.� The matter was also reviewed by the County Attorney, who has opined that the SHIP funds should be disbursed because staff has no discretion to act outside of the program guidelines,and with no written basis for denial,the applicants are entitled to the grant. Staff provided all of the guidance and information to Finance, as well as discussing it with them prior to submitting the application for their pre-audit. During pre-audit, further validation from the funder was received that staff performed to the program guidelines,and this is shown in the email strings attached to this item. A Florida Housing Coalition representative informed us that to deny funding without a written policy to support the denial may result in a monitoring finding against Collier County should there be a complaint or if the file is pulled in a monitoring review. Staff recommends authorizing this disbursement, as all program rules have been met and followed, as confirmed by the funder and their compliance staff. At this time there is no policy,rule or regulation staff is aware of that can form the basis for a denial. Furthermore,approval of this disbursement represents the fmal purchase assistance file in this spending year, and, when paid, allows the County to close out the funding year. FISCAL IMPACT: The proposed action has no new fiscal impact. The funding source for the program is available in the SHIP Grant Fund 791,Project 33258. LEGAL CONSIDERATIONS: This is a State program with State guidelines that our staff administers and processes at the staff level. There is no discretion built into the Program; an applicant either qualifies for the funding or does not based solely on the State guidelines, as there at present no written Board Policy on the Program. Staff feels compelled to take this item to the Board as Finance has refused to pay for the reasons set Packet Page-1747- 6/28/2016 16.D.26. forth above absent Board approval. I am aware of no legal basis, and Finance has not provided any legal basis,to deny the application.There is no assurance that Finance will pay following Board approval. Should the Board wish that this type of behavior by a future applicant result in a denial,the Board can direct staff to come back with an appropriate written policy for the Board's review and approval.With that noted,this item is approved for form and legality and requires a majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this recommendation will further Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorizes a$20,000 SHIP purchase assistance disbursement under the State Housing Initiatives Partnership(SHIP)Program. Prepared by:Kim Grant,Director,Community and Human Services Division Attachments: (1) File 14-023 Emails Packet Page-1748- 6/28/2016 16.D.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.26. Item Summary: Recommendation to authorize a $20,000 SHIP purchase assistance disbursement under the State Housing Initiatives Partnership (SHIP) Program. Meeting Date: 6/28/2016 Prepared By Name: AlonsoHailey Title: Operations Analyst,Public Services Department 6/22/2016 10:07:17 AM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 6/22/2016 10:21:14 AM Name: GrantKimberley Title: Division Director-Cmnty&Human Svc,Community&Human Services Date: 6/22/2016 10:22:28 AM Name: RobinsonErica Title:Accountant, Senior,Grants Management Office Date: 6/22/2016 10:27:10 AM Name: BelpedioJennifer Title:Assistant County Attorney,CAO General Services Date: 6/22/2016 11:20:36 AM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 6/22/2016 1:16:04 PM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 6/22/2016 1:22:35 PM Packet Page-1749- 6/28/2016 16.D.26. Name: StanleyTherese Title:Manager-Grants Compliance,Grants Management Office Date: 6/22/2016 1:42:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/22/2016 1:54:29 PM Name: CasalanguidaNick Title:Deputy County Manager,County Managers Office Date: 6/22/2016 2:11:12 PM n Packet Page-1750- 6/28/2016 16.D.26. GrantKimberley From: KlatzkowJeff Sent: Wednesday, June 15, 2016 2:59 PM To: GrantKimberley Cc: BelpedioJennifer;AlthouseTammy; DarnellSteve Subject: Solanzarno File Kim: Thank you for your prompt response. I then concur with Jennifer's opinion,as modified by you in blue. I would further add that your group administers grant funding pursuant to defined State and Federal guidelines. You have no discretion to act outside of these guidelines. If an applicant meets all grant requirements,and there is no written policy or basis for denial,they are entitled to the grant. In light of the existing circumstances,you may wish to consider taking to the Board a written policy to allow you to deny a grant request if certain discrepancies are discovered. That decision I defer to you. Jeffrey A.Klatzkow County Attorney (239)252-2614 From: GrantKimberley Sent: Wednesday, June 15, 2016 2:45 PM To: KlatzkowJeff Cc: BelpedioJennifer Subject: RE: Solanzarno File Jeff, This is accurate. To be even more precise,we could add the below information in blue lettering. Thank you. Kim Rim 9e Director, Community and Human Services Collier County 239-252-6287 Our mission is to enhance the quality of life for the citizens of Collier County through community development and social services programs that are compliant,efficient,and meet our customer needs with compassion and dedication. From: KlatzkowJeff Sent: Wednesday,June 15, 2016 2:26 PM To: GrantKimberley Cc: BelpedioJennifer Subject: FW: Solanzarno File 1 Packet Page -1751- 6/28/2016 16.D.26. Kim: As a follow-up to our conversation,to the best of your knowledge,is Jennifer's statement factually accurate? Jeffrey A. Klatzkow County Attorney (239)252-2614 From: BelpedioJennifer Sent: Wednesday,June 15, 2016 2:23 PM To: KlatzkowJeff Subject: RE: Solanzarno File Jeff: We have the proper documentation to validate income and the applicants have met the requirements of the SHIP program. Florida Housing Finance's representative informed us that to deny funding without a written policy to support the denial may result in a monitoring finding against Collier County should there be a complaint or if the file is pulled in a monitoring review. SHIP policy allows an affidavit of income to be used in the absence of a profit and loss statement or reported income on a tax return,rather than the tax return. Accordingly,it is my opinion that the SHIP funding should be disbursed. J eAAAtui/feAr A. 6 thptot o- Assistant County Attorney Collier County,Florida Direct Dial: (239)252-5709 From: GrantKimberley Sent: Monday,June 13, 2016 11:12 AM To: BelpedioJennifer Cc: SonntagKristi Subject: FW: Solanzarno File Jennifer, Here is the information on the monitoring. Aida is a representative of the funder, FHFC. Kim From: SonntagKristi Sent: Wednesday,June 08,2016 5:34 PM To: CarnellSteve; GrantKimberley Subject: FW: Solanzarno File FYI..Aida told me that she spoke to Suzanne today: Aida stated that the home buyer counted the net and we counted the gross and that is what is required. Aida stated the family is eligible and she told Suzanne that this is not different than babysitting as it is not a real business and Aida said they did not break any rule as long as WE COUNT it then we are OK.. 7 Packet Page -1752- f 6/28/2016 16.D.26. Aida believes we have done nothing wrong and statehere must b�awritten policy to disqualifyazidM+�eiiusthave ai banotists and we can make things up as uwre go andiif fF ere is no basis#or#I a denial then we could,have a'fproE lem in the monitoring Thank You, Kristi Sonntag Collier County Government Manager Federal/State Grants 3339 East Tamiami Trail Bldg H Suite 211 Naples Florida 34112 239-252-2486 FAX 239-252-6703 From: Aida Andujar [mailto:andujarftflhousino.orc] Sent: Wednesday,June 01, 2016 2:45 PM To: SonntagKristi Cc: HudnellRaynesha Subject: RE: Solanzarno File Yes,this is sufficient to document this additional income. Since they did not prepare a profit or loss or declare this income on their taxes to show income and expenses you will project income by using the gross income based on the deposits in the bank statements to add to total household income, From:SonntagKristi [mailto:KristiSonntag@colliergov.net] Sent:Wednesday,June 01,2016 2:13 PM To:Aida Andujar<anduiar@flhousing.org> Cc: HudnellRaynesha<RayneshaHudnell@collierrov.net> Subject:Solanzarno File Aida: We have a file where the two women sell vegetables,they do not file a tax return nor have they prepared a profit and loss. We are able to track the income through deposits into their bank accounts,we have taken each deposit and added them and projected forward to establish an income from selling vegetables. Is this an acceptable way to determine the income? I also have an affidavit from each person attesting to the sale and revenue. Thank You, !i Kristi Sonntag Collier County Government Manager Federal/State Grants 3339 East Tamiami Trail Bldg H Suite 211 Naples Florida 34112 239-252-2486 FAX 239-252-6703 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. Packet Page-1753- 6/28/2016 16.D.26. GrantKimberley From: GrantKimberley Sent: Monday, June 13, 2016 11:13 AM To: BelpedioJennifer Cc: SonntagKristi; CarnellSteve Subject: FW: Solanzarno File Jennifer, This email string shows all of the info we have sent to Finance. Please see highlighted areas. To be clear,a tax return was filed that did not include the income from the vegetable business. However,the income was disclosed,and we had them sign an affidavit of income, and we also had them sign the income certification form with this income included. Thanks. Kim From: SonntagKristi Sent:Thursday,June 09, 2016 4:17 PM To: GrantKimberley; CarnellSteve; OchsLeo Subject: Fwd: Solanzarno File I� See below on my additional question from the state office Sent from my iPhone Begin forwarded message: From: Robert Dearduff<Robert.Dearduff@floridahousing.org> Date: June 9,2016 at 4:15:36 PM EDT To: SonntagKristi<KristiSonntag@colliergov.net> Subject: FW: Solanzarno File Original Message From: David Hines Sent: Thursday,June 09, 2016 4:14 PM To: Robert Dearduff<Robert.Dearduff@floridahousing.org> Subject:RE: Solanzarno File No chND_The h js hold=zs eligibld. David L.Hines ( Compliance Monitoring Administrator 227 N.Bronough Street, Suite 5000,Tallahassee,FL 32301 I p. 850.488.4197 I f. 850.488.9809 david.hines@floridahousing.org(Visit our website at www.floridahousing.org. Florida has a broad and inclusive public records law. This e-mail and any responses to it should be considered a matter of public record. Packet Page -1754- 6/28/2016 16.D.26. Original Message From: Robert Dearduff Sent: Thursday,June 09, 2016 3:46 PM To: David Hines<David.Hines@floridahousing.org> Subject: FW: Solanzarno File See clarification below Original Message From: SonntagKristi [mailto:KristiSonntag@colliergov.net] Sent: Thursday,June 09, 2016 3:17 PM To: Robert Dearduff<Robert.Dearduff@floridahousing.org> Subject:Fwd: Solanzarno File Rob: thank you for your response,I just want to clarify they provided a tax return however they did not reflect the income from the vegetable business on their tax return so does this impact eligibility or cause a reason for denial? Sent from my iPhone Begin forwarded message: From: HutchinsonBarbetta <BarbettaHutchinson@coll iergov.net<m ailto:l3 arbettaHutchinson@colliergov.net>> Date:June 9,2016 at 3:09:23 PM EDT To: SonntagKristi<KristiSonntag@colliergov.net<mailto:KristiSonntag@colliergov.net>> Subject: FW: Solanzarno File From: Robert Dearduff <Robert.Dearduff@floridahousing.org<mailto:Robert.Dearduff@floridahousing.org>> Date: June 9, 2016 at 10:45:51 AM EDT To: SonntagKristi<KristiSonntag@colliergov.net<mailto:KristiSonntag@colliergov.net>> Subject: RE: Solanzarno File r§iafrdavjt frorn the-applicant as to the net income realtzed�by a busyness is a accept hle ©xr� of^verr#'rcatron The determinationfaso whether an applicant is qurrecl to ile a� to ee �r typically not a pa t of the income ver lication/elrg bil`<ty proces ailure to"pr ode a,tax re isfro d not the reaso . to deny.eligibility From: SoimtagKristi [mailto:KristiSonntag(colliergov.net] Sent: Wednesday,June 08,2016 4:08 PM To: Robert Dearduff <Robert.Dearduff@floridahousing.org<mailto:Robert.Dearduff@floridahousing.org>> Subject: FW: Solanzarno File Rob: I have run into a snag on a client file and I am looking for additional guidance. Aida has been very helpful in this process and we have followed her direction however the clerk office is refusing to issue payment for the following reason: The family sells vegetables and tacos on the side for extra income and they did not claim this on their income tax return, do not issue a profit and loss(they grow the vegetables and sell them) Packet Page-1755- 6/28/2016 16.D.26. and did complete an affidavit and did disclose the income and it was supported by cash deposits in their bank statements and we did add to the income certification- is the fact that they did not reflect this on their tax return a valid reason for us to deny the file or for the clerk to refuse to issue the check? Thank You, Kristi Sonntag Collier County Government Manager Federal/State Grants 3339 East Tamiami Trail Bldg H Suite 211 Naples Florida 34112 239-252-2486 FAX 239-252-6703 From: Aida Andujar[mailto:andujar@flhousing.org] Sent: Wednesday,June 01,2016 2:45 PM To: SonntagKristi Cc: HudnellRaynesha Subject: RE: Solanzarno File Yes,;this is:sufficient to document this additional inco a tSinc =theyt did o prepare fit oss of declare this income on their taxes to show income,and expenses you w, proJect0neomo byausing the gloss ncome =on based the de osits in the banl statementsto add o of 1 hoi se A Ancome From: SonntagKristi [mailto:KristiSonntag@colliergov.net] Sent: Wednesday,June 01,2016 2:13 PM To: Aida Andujar<andujar@flhousing.org<mailto:andujar@flhousing.org > Cc: HudnellRaynesha <Rayneslial Iu doell@coil iergov.net<mailto:Ra yneshaHudnell@colliergov.net» Subject: Solanzarno File Aida: We have a file where the two women sell vegetables, they do not file a tax return nor have they prepared a profit and loss. We are able to track the income through deposits into their bank accounts, we have taken each deposit and added them and projected forward to establish an income from selling vegetables. Is this an acceptable way to determine the income? I also have an affidavit from each person attesting to the sale and revenue, Thank You, Kristi Sonntag Collier County Government Manager Federal/State Grants 3339 East Tamiami Trail Bldg H Suite 211 Naples Florida 34112 239-252-2486 FAX 239-252-6703 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Packet Page-1756-