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Agenda 09/23/2014 Item #16H 29/23/2014 16.H.2. EXECUTIVE SUMMARY Recommendation to reappoint a member to the Affordable Housing Advisory Committee. OBJECTIVE: To reappoint a representative of the Collier County Planning Commission to the Affordable Housing Advisory Committee for a term expiring on October 1, 2017. CONSIDERATIONS: The Affordable Housing Advisory Committee was recreated and reestablished in accordance with F.S. § 420.9076 by County Ordinance No. 13 -27. Duties of this Advisory Committee are provided in F.S. §§ 420.9076(2)(a}- k), which statute is included in the back -up to this item. The Committee consists of eleven members, one of which must be a member of the Collier County Planning Commission (CCPC). Six members constitute a quorum sufficient to permit the committee to take formal action. A list of the current membership is included in the backup. Terms of service are three years, and may be extended for one additional three year term. Several of the seats on the committee are expiring on October 1, 2014, including that of the CCPC representative, Mark Strain. The CCPC recommends that Mr. Strain be reappointed as its representative. APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Mark Strain Collier County Planning 5 yes I CCPC, AHAC Commission CCPC RECOMMENDATION: At its meeting on July 17, 2014, the CCPC recommended unanimously that Mark Strain be reappointed as its representative on the Affordable Housing Advisory Committee. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners considers the recommendation for reappointment, reappoints Mark Strain as the representative of the Collier County Planning Commission to the Affordable Housing Advisory Committee, and directs the County Attorney to prepare a resolution confirming the reappointment. PREPARED BY: Jeffrey A. Klatzkow, County Attorney AGENDA DATE: September 23, 2014 Packet Page -3319- 9/23/2014 16. H .2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.2. Item Summary: Recommendation to reappoint a member to the Affordable Housing Advisory Committee. Meeting Date: 9/23/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 9/9/2014 9:05:09 AM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 9/9/2014 9:28:51 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/11/2014 3:43:56 PM Name: IsacksornMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 9/11/2014 4:28:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/12/2014 4:00:40 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/12/2014 4:46:52 PM Packet Page -3320- 9/23/2014 16. H .2. Affordable Housing Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Christian Davis 642 -4455 09/15/09 1494 Trafalgar Lane 370 -1408 09/25/12 Naples, FL 34116 E Mail: christian.davis @pnc.com District: 3 Category: Banking and Mortgage Mr. Stephen J. Hruby 430 -3005 06/12/07 1800 Gordon Drive 430 -8011 09/24/13 Naples, FL 34102 E -Mail: shruby @architectsunlimited.com District: 4 Category: Residential Home Bldg Industry Mr. Clyde C. Quinby 11/08/11 11426 Quail Village Way 594 -3055 09/24/13 Naples, FL 34119 E -Mail: poseygl @aol.com District: 3 Category: Real Estate VACANT VACANT Naples, FL E -Mail: District. Category: Represents Essential Services Personel Mr. Alan Hamisch 963 -4669 09/25/12 10036 Heather Lane, #1301 431 -5571 Naples, Fl 34119 E -Mail: alan@hamischlaw.com District: 1 Category: Advocate for Low Income Persons Monday, September 08, 2014 Page I of 4 Packet Page -3321- 10/01/12 3 Years 10101115 3 Years 10/01/07 4 Months 10/01/16 3 Years 10/01/13 2 Years 10/01/16 3 Years 10/01/14 10/01/14 2 Years 9/23/2014 16.H.2. Affordable Housing Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Michael P. Bohaychyk ) 213 -1400 6/24/14 10/1/17 3 Years 3241 66th Street SW () 438 -3089 Naples, FL 34105 E -Mail: mbohaychyk @yahoo.com District: 4 Category: Employers within jurisdiction VACANT VACANT 11/18/15 Naples, FL E -Mail. District: 4 Category: City of Naples Mr. Mark Strain 39) 252 -4446 04/09/13 10/01/14 1.5 Years 3675 Third Ave. N.W. 39) 455 -7858 Naples, FL 34120 E -Mail: markstrain @colliergov.net District. 5 Category: Collier County Planning Commission VACANT VACANT 00 /00 /00 10101115 TBD Naples, FL E -Mail: TBD District: Category: Labor actively engaged in home building Mr. Albert Batista 39) 272 -9327 09/10/13 10/01/14 1 Year 9853 Tamiami Trail North 39) 272-9327 Naples, FL 34108 E -Mail: avbatista87 @yahoo.com District: 2 Category: Alternate Fwd: ;9:G',eFe':: .... i:PfrBJf �G._._, ��.r.:. .,.. ST Monday, September 08, 2014 Page 2 of 4 Packet Page -3322- 9/23/2014 16. H .2. N;., Affordable Housing Advisory Committee Nance Work Phone Home Phone Appt'd DateRe -appt Exp. Date 2ndExpDate Term 2nd Term Mr. John L. Cowan 09/03/08 09/02/11 3 Years 375 Kingstown Drive 649 -7363 06/24/14 09/02/17 3 Years Naples, FL 34102 E -Mail: jcowan2 @attglobal.net District. 4 Categoryy: City of Naples -Not for Profit Ms. Patricia C. Fortune 877 -0102 03/08/11 10/01/12 3 Years 6769 Del Mar Terrace 272 -8494 09/25/12 10101115 3 Years Naples, FL 34105 E Mail. pattifortune@gmail.com District. 3 Category: For - Profit Provider of Affordable Housing Monday, September 08, 2014 Page 3 of 4 Packet Page -3323- 4atutes & Constitution :View Statutes : Online Sunshine 9/23/2014 16.H.2. Online Official Internet Site of the Florida Legislature Select Year: 2013 The 2013 Florida Statutes Florida Statutes :)earcn i ips Florida Constitution Title XXX Chapter 420 View Entire Chaff Laws of Florida' Legislative Et Executive SOCIAL WELFARE HOUSING Branch •" 420.9076 Adoption of affordable housing incentive strategies; committees.— Information (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Committees Et Program, including a municipality receiving program funds through the county, or an eligible Other Entities municipality must, within 12 months after the original adoption of the local housing assistance plan, Historical ' amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). Force Florida Government Efficiency (2) The governing board of a county or municipality shall appoint the members of the affordable Legislative Task housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a Legistore county and municipality may create and jointly appoint an advisory committee to prepare a joint L Links plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the " resolution appointing the advisory committee members must provide for 11 committee members and terpreter Services their terms. The committee must include: for the Hearing Impaired (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection 1 a �YyY { with affordable housing. — (c) One citizen who is a representative of those areas of labor actively engaged in home building « in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low - income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for - profit provider of affordable housing. (f) One citizen who is actively engaged as a not - for - profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163,3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen Packet Page -3324 - ittp: / /www. leg ,state.fl.us / ... tutes /index.cfin? App_ mode = Display_ Statute &Search_String = &URL= 0400 -0499/ 0420 / Sections /0420.9076.html[6/12/2014 11:27:18 AM] statutes & Constitution :View Statutes : Online Sunshine 9/23/2014 16.H.2. actively engaged in these activities in connection with affordable housing, a LiLIceii c l!r'I�eU III Uir activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representatives if they are unable to fin representatives who meet the criteria of paragraphs (a) -(k). (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits, as defined in s. 163.3164, for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very- low - income persons, low- income persons, and moderate - income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero - tot -line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed -use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives Packet Page -3325 - ittp: / /www. leg. state.fl.us / ... tutes /index.cfin? App_ mode = Display_ Statute &Search_String = &URL= 0400 -0499/ 0420 / Sections /0420.9076.html[6/12/2014 11:27:18 AM] statutes & Constitution :View Statutes : Online Sunshine 9/23/2014 16.H.2. strategies recommendations to be considered by the advisory committee. The 11UL1 - 111ubL bldlC Ulr public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a) -(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after receipt of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9072 (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 42.4,2072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. History. —s. 32, ch. 92 -317; s. 15, ch. 93 -181; s. 38, ch. 97 -167; s. 24, ch. 2006 -69; s. 19, ch. 2007 -198; s. 117, ch. 2008 -4; s. 30, ch. 2009 -96; s. 16, ch. 2011 -15; s. 67, ch. 2011 -139. Packet Page -3326 - ittp: / /www. leg. state.fl.us / ... tutes /index.cfm? App_ mode = Display_ Statute &Search_String = &URL= 0400 -0499/ 0420 / Sections /0420.9076.htm1[6/12/2014 11:27:18 AM] 9/23/2014 16.H.2. RodriguezWanda From: StrainMark Sent: Thursday, July 17, 2014 12:24 PM To: RodriguezWanda Subject: RE: Affordable Housing Advisory Committee - your term expires soon Well, no one wanted it, so put me back on the list, it is a statute requirement. Thanks, Ma4-k,, 239.252.4446 Under Florida Law, a -maiL addresses are pubLic records. If you do not want your a -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. From: RodriguezWanda Sent: Friday, July 11, 2014 3:09 PM To: StrainMark Subject: RE: Affordable Housing Advisory Committee - your term expires soon Well we have some time to work with, about 2'/2 months. Perhaps as chair you could bring it up again at a CCPC meeting, and see if this time around someone else steps forward? lNanda Rodriguez, -qC1' Advanced Certified PararegaC Office of the County Attorney (239) 252 -8400 From: StrainMark Sent: Friday, July 11, 2014 3:01 PM To: RodriguezWanda Subject: RE: Affordable Housing Advisory Committee - your term expires soon Well, that is an odd one. I never wanted to be on it to begin with, but statute requires a member of the local planning commission to sit on it and none of the other CCPC members wanted it, so as chair of the CCPC I felt I had to provide someone, so here I am by default. So ...... guess I should just keep staying on it. Thanks, Ma,rkl 239.252.4446 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. From: RodriguezWanda Sent: Friday, July 11, 2014 2:58 PM Packet Page -3327- To: strainMark 9/23/2014 16.H.2. Subject: Affordable Housing Advisory Committee - your term expires soon Hi Mark, I'm sitting here this afternoon going through the list of all the advisory board members whose terms expire in the next few months, and I notice that your term on this committee expires on October 1, 2014. Are you interested in being re- appointed? Wanda Rodriguez, ACT Advanced Certified Tara.CegaC Office of the County Attor7l.ey (239) 252 -8400 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 -3328-