Resolution 2018-082 RESOLUTION NO. 18— 82
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPERCEDING RESOLUTION NO. 07-203, WHICH
ESTABLISHED AN AFFORDABLE-WORKFORCE
HOUSING TRUST FUND AND GUIDELINES FOR THE USE
OF MONEY, AND ESTABLISHING A NEW LOCAL
HOUSING TRUST FUND AND GUIDELINES FOR THE USE
OF MONEY TO REPLACE IT.
RECITALS
WHEREAS, on July 24, 2007, the Board of County Commissioners (BCC)
adopted Resolution No. 2007-203 declaring a valid public purpose for accepting
voluntary donations for affordable-workforce housing made directly to the County,
establishing an Affordable-Workforce Housing Trust Fund and providing general
guidelines for use of monies in the affordable workforce housing trust fund; and
WHEREAS, subsequently the BCC suspended collection of voluntary donations
and provided a mechanism for the received collections to be returned upon request, and
developed the required mechanism, approved September 25, 2012; and
WHEREAS, the voluntary donations established by Resolution No. 2007-203
remain suspended and the balance remains available for refund; and
WHEREAS, it is the intent of the BCC to increase the amount of housing that is
affordable for its workforce and residents, and to encourage the retention of housing that
is affordable in the County; and
WHEREAS, Objective 1 of the GMP's Housing Element states that the County
will seek to provide new affordable housing units in order to meet the current and future
housing needs of legal residents with extremely low, very-low, low, moderate and gap
incomes, including senior households and those with special needs; and
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WHEREAS, in furtherance of the spirit and intent of Florida State Statute
163.3177(6)(f)a, outlining, "...Principles, guidelines, standards, and strategies to be
followed in the provision of housing for all current and anticipated future residents of
the jurisdiction..."; and
WHEREAS, given the long planning process involved in housing development
and the need to layer multiple funding sources, a local housing trust fund should be
active; and
WHEREAS, the BCC recognizes that a Local Housing Trust Fund is a national
best practice for the development of revenue streams to support BCC approved
Affordable Housing programs, initiatives and directives; and
WHEREAS, the BCC declares a valid public purpose for establishing and
maintaining a Local Housing Trust Fund and providing general guidelines for revenue
generation and use of such monies in the local housing trust fund, limited to meeting
affordable housing needs and associated administration; and
WHEREAS, the BCC wishes to recognize the winding down of the Affordable-
Workforce Housing Trust Fund and the creation of a new local housing trust fund.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, that:
1. The foregoing Recitals are adopted as true and incorporated as
part of this Resolution.
2. It continues to be Board direction and is affirmed that the collection
of funds into the Affordable-Workforce Housing Trust Fund is suspended and staff
shall continue to make efforts to return money collected to Developers pursuant to
prior Board direction.
3. When all money is refunded from the Affordable-Workforce
Housing Trust Fund, the fund is automatically terminated and dissolved without
further Board action.
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3. The Board of County Commissioners' Local Housing Trust
Fund, is adopted for immediate use, as follows:
A. Purpose/Scope: The purpose is to establish procedures for
operations of a Housing Trust Fund in order to provide for housing that is
affordable for community residents who are extremely low income to gap
income as defined in the Community Housing Plan and Land Development
Code.
B. Applicability: These procedures apply to qualified affordable
housing for extremely low income to gap income households.
The Board has determined that the local economy and the public health,
safety and general welfare requires establishment of the Local Affordable
Housing Trust Fund for the following purposes:
1. Implement the goals, objectives and policies of the Community
Wide Housing Plan, and the Collier County Comprehensive Plan
2. To meet the statutory requirements as set forth in Fl. Statutes
Chapter 163.3177(6)(f)a, and to satisfy the community's obligation
to ensure that a fair share of the community's housing production is
affordable to Collier County families
3. To provide housing opportunities for Collier County families in
order to meet the existing and anticipated housing needs of such
persons and to maintain a more balanced socio-economic mix in the
community
4. To specifically meet the housing needs' of those earning less than
140% of AMI, to include seniors, persons with disabilities, and any
other identified underserved market
5. To provide for a range of rental and homeownership opportunities
for those who presently cannot afford to rent or purchase a home
within the community, or who are cost burdened in so doing
6. To provide incentives to developers to create additional rental and
for sale units, and to consumers so they may be able to afford rental
or purchase opportunities
C. The Board declares there is a valid public purpose in accepting funds
for affordable housing and that such funds may be in the form of donations as well
as other defined revenue streams as determined by the Board.
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D. Local Affordable Housing Trust Fund
There shall be established a Local Affordable Housing Trust Fund (Fund).
All voluntary donations or other revenue generated for affordable housing shall be
deposited into the Fund either upon the day of receipt or the next business day
following receipt.
The Fund shall be maintained in an interest-bearing account and any interest
derived from deposits in the Fund shall follow and remain within the Fund. Any
recaptured monies, e.g. repayments on loans, shall also be deposited in the Fund.
Monies in the Fund, including interest and recaptured monies, shall be disbursed
according to the eligible uses set forth and as approved by the Board and
administered by the Community and Human Services Division.
Awards from the Fund shall be made at the discretion of the BCC. The
Community and Human Services Division will act as the administrators of the fund
and associated projects for the BCC. The AHAC will work with CHS staff to
develop oversight protocols and specific eligibility criteria for BCC
approval. Additional members may be recommended to join the AHAC to assure
a balanced oversight committee.
E. Designation of a Project to Provide Affordable Housing:
(1) Development of criteria: The Affordable Housing Advisory Committee, along with
CHS staff shall develop criteria for evaluating the appropriate mix of very-low-
income, low-income, moderate-income, gap-income and other housing in a project
to qualify for award of HTF. The criteria shall be based in part on the Community
Wide Housing Plan and the Housing Element of the GMP. These criteria shall be
established by policy of the Board of County Commissioners, and may be amended
from time to time by the BCC. The policy shall also provide for a covenant running
with the land to ensure the continued affordable housing status of the property. No
less than 10% of the fund balance is to be set aside for projects benefitting seniors
and/or persons or families with special needs.
(2) Applicability of criteria: A project for which the HTF funding is sought shall be
reviewed by the AHAC to determine the appropriate mix of extremely low income,
very-low income, low income, moderate income, gap income, and other housing
necessary to qualify for the special applicability. The determination shall be based
on the criteria adopted as called for in paragraph(1)above. The determination shall
be made by the Board of County Commissioners upon the recommendation of the
AHAC. Once the appropriate mix is established, and other appropriate conditions
imposed related to the criteria, the project shall be considered a project to provide
affordable housing and be eligible for award of HTF monies.
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F. Use of Funds
1. All funds deposited into the Local Housing Trust Fund shall comply with all applicable
federal, state and local laws governing the establishment and operations of the Trust Funds.
2. All funds deposited in the Local Affordable Housing Trust Fund shall be deposited in a
separate and segregated account and shall be dedicated solely to the development and
preservation of affordable housing.
3. Programs for which funds may be used include the following:
1) Down Payment Assistance
2) Impact Fee Relief
3) Land Acquisition
4) Construction Loans
5) Community Land Trust
6) Preserve Existing Affordable Housing Supply
7) Rental Assistance
8) Local Contribution for Tax Credit or SAIL applications
The above list is not exhaustive,and the County Commission may add or remove
alternative affordable housing programs. Additional points in scoring, or
additional funds will be awarded to those projects that are mixed income, in
activity centers, or on major transit routes (in particular on CAT routes). Ten
percent (10%) of all funds are set aside to benefit seniors and/or persons or
families with special needs.
4. Any funds that remain uncommitted at the end of the County's fiscal year (including
interest, other earned income, or repayments on loans) shall remain in the Trust Fund and
shall be used for the purposes hereof during the next fiscal year.
5. No more than ten percent (10%) of Local Affordable Housing Trust Fund money
available as of the start of the County's fiscal year may be budgeted for administration of
the Housing Trust Fund.Administrative expenses are limited to operating expenses directly
associated with administration of Trust Fund activities and programs.
6. Annual reports will be provided to the County Commission on all approved projects
funded through the Local Housing Trust Fund.
G. Approvals
All projects funded through the Local Housing Trust Fund at a minimum include an
application process, written underwriting standards, and loan or grant documents
containing repayment provisions and provisions and instruments that guarantee
affordability periods.
An annual workplan will be developed for BCC approval with an estimated balance of
funds to award, and categories and programs recommended, and may be amended from
time to time by approval of the BCC. Staff would then accept applications. Trust Fund
Loans, grants, or other financial incentives will be presented for approval first to the
Affordable Housing Advisory Committee and then to the BCC for approval by a simple
majority vote.
This Resolution adopted after motion, second, and majority vote this a 4 day
of April, 2018.
ATTEST: BOARD OF CO : TY COMMIS ONERS
DWIGHT E. BROCK, CLERK COLLIER C , FLOR
, .
By: lam( _• �, By: L -�
40 E P `TY;CLERK ANDY SOLIS, CHAIRMAN
Attest as to Chaiini
signature only.
Approved as to form
and legality:
Jennifer A. Belpedio09 `.
Assistant County Attorney �3�
DC