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Agenda 07/24/2012 Item #16D 37/24/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91 -65) and direct the County Manager, County Attorney or their respective designees to advertise for ordinance changes to be approved by the Board at a future meeting. OBJECTIVE: To amend the functions, powers, and duties of the Affordable Housing Advisory Committee in concert with previous direction of the Board of County Commissioners. CONSIDERATIONS: On November 8, 2011, the Board of County Commissioners expressed a desire to review the functions, powers, and duties of the Affordable Housing Advisory Committee (AHAC) to determine if the focus of the Committee was consistent with the current housing market conditions and incentive strategies. In accordance with BCC direction, staff and the AHAC reviewed the ordinance. Sunset of the AHAC was not included in the proposed amendment because Section 420.9076 (2), Florida Statutes, requires the appointment of an affordable housing committee to assist with the preparation of a local housing assistance plan. According to the grantor agency, the affordable housing committee must continue to exist so long as State Housing Initiative Partnership (SHIP) funds are administered. Additionally, no changes to the size and composition of the AHAC are recommended because Section 420.9076 (2), Florida Statutes, requires eleven members and expressly sets forth the membership requirements. Section 420.9076(4), Florida Statutes requires the affordable housing committee to review and make recommendations on established policies and procedures, ordinances, land development regulations, and the appointing local governments comprehensive plan; and to recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. A subcommittee of the Affordable' Housing Advisory Committee reviewed the current ordinance as contained in Chapter 2, Article VIII, Division 9, of the Collier County Code of Laws and Ordinances. Following review and discussion, the subcommittee recommended the following amendments: ■ Amend functions, powers, and duties: • Remove reference to linkage and inclusionary zoning • Add language to direct the Committee to proactively investigate strategy, policy, method, and best practice recommendations relating to affordable housing that are consistent with the Growth Management Plan ■ Amend duties of department heads: • Update responsible department to reflect current name • Replace reference to Growth Management Plan with general phrase "affordable housing activities" The aforementioned amendments were presented to the full membership of the Affordable Housing Advisory Committee on February 21, 2012 and were approved unanimously. While reviewing the proposed Ordinance, the County Attorney added a reference to Florida Statutes Section 420.9076(4), which requires that this committee review defined policies and procedures and Packet Page -2440- 7/24/2012 Item 16.D.3. prepare a detailed triennial report to the Board containing recommendations on a number of issues pertinent to affordable housing. A copy of the reference statute is included as back -up. This statute also defines the required make -up of the committee. FISCAL IMPACT: No Fiscal Impact is associated with approving the proposed changes to the Ordinance. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. — JAK GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. RECOMMENDATION: To approves proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91 -65) and directs the County Manager, County Attorney or their respective designees to advertise for ordinance changes to be approved by the Board at a future meeting. Prepared By: Kristi Sonntag, Federal/State Grants Manager; Housing, Human, and Veteran Services Packet Page -2441- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. 7/24/2012 Item 16.D.3. Item Summary: Recommendation to approve proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91 -65) and direct the County Manager, County Attorney or their respective designees to advertise for ordinance changes to be approved by the Board at a future meeting. Meeting Date: 7/24/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 6/19/2012 2:26:52 PM Submitted by Title: VALUE MISSING Name: SonntagKristi 6/19/2012 2:26:54 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/27/2012 1:48:09 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 6/29/2012 12:47:44 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 6/29/2012 12:56:02 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7/3/2012 11:34:40 AM Packet Page -2442- 7/24/2012 Item 16.D.3. Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 7/9/2012 7:46:53 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/11/2012 12:16:24 PM Name: KlatzkowJeff Title: County Attorney Date: 7/16/2012 2:49:11 PM Name: PriceLen Title: Administrator, Administrative Services Date: 7/16/2012 4:14:44 PM Packet Page -2443- 7/24/2012 Item 16.D.3. ORDINANCE NO. 2012 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, BY AMENDING THE FUNCTIONS, POWERS, AND DUTIES; TO REFERENCE CERTAIN DUTIES SET FORTH IN 420.9076(4), FLORIDA STATUTES; AND BY AMENDING DUTIES OF DEPARTMENT HEADS TO CORRECTLY REFERENCE THE RESPONSIBLE DEPARTMENT NAME AND REPLACE REFERENCE TO "GROWTH MANAGEMENT PLAN" WITH "AFFORDABLE HOUSING ACTIVITIES;" PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1991, the Board of County Commissioner adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Committee ("Committee"); codified as Chapter 2, Article VIII, Division 9, of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04 -77, 05 -69, and 08 -17; WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 92- 18, as previously amended, in order to update Section 2 -972, "Functions, powers, and duties," and Section 2 -973, "Duties of department heads," to reflect the current nature of the Committee and reference certain provisions of Section 420.9076, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL- ORIDA that: SECTION ONE: AMENDMENT TO SECTION 2 -972, "FUNCTIONS, POWERS, AND DUTIES," OF ORDINANCE NO. 91 -65, AS AMENDED. Section 2 -972 is hereby amended as follows: Sec. 2 -972. - Functions, powers and duties. The functions, powers and duties of the Affordable Housing Advisory Committee shall be as follows: Underlined text is added; 9tsk4hFougk text is deleted Packet Page -2444- 7/24/2012 Item 16.D.3. (1) The Committee shall monitor and advise the Board of County Commissioners and the City Council regarding the goals, objectives, and policies of the county's housing element in the county's growth management plan and the city's comprehensive plan, and any other program, means, or directives which would assist or encourage the provision of affordable housing in Collier County and its municipalities. (2) The Committee shall proactively investigate zoning strategy, y policy, method, and best rap ctice recommendations consistent with the housing element of the Growth Management Plan of Collier County. (3) The Committee shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council, as appropriate. (4) The Committee shall review and comment on the county's federal entitlement grant programs, policies, and proposals. (5) The Committee shall conduct a review, and prepare and submit a report, at such times and in such manner as set forth in Section 420.9076(4), Florida Statutes, as may be amended from time to time. (44 (6) The Committee shall investigate any other relevant areas so directed by the Board of County Commissioners. SECTION TWO: AMENDMENT TO SECTION 2 -973, "DUTIES OF DEPARTMENT HEADS," OF ORDINANCE NO. 91 -65, AS AMENDED. Section 2 -973 is hereby amended as follows: Sec. 2 -973. - Duties of department heads. The duties of the director of Housing, Human and Veteran Services and the Naples Community Development Director, or their designees, shall -be: (1) Te aAdminister the activities of the affordable housing advisory committee in accordance with established policies of the Board of County Commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) Te pProvide periodic written reports to the Committee, the county administrator, the city manager, the Naples City Council and the Board of County Commissioners on the gr-&A4h management plan affordable housing activities of each jurisdiction. (3) To attend all committee meetings. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Underlined text is added; 94-ask thfoogh text is deleted Packet Page -2445- ,, r �� nsn.nq?5 4c�vµ„k «rte rom�etx';a We. x..wn.sw.A.m .' "4Y*- s&6MXM1fi.ttn�rRi�`£ 7/24/2012 Item 16.D.3. re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approval as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Underlined text is added; lgk text is deleted Packet Page -2446- 7/24/2012 Item 16.D.3. November 8, 2011 Witherite quite well and I can't understand -- I can't understand -- (Television interruption.) CHAIRMAN COYLE: Turn it back on. It will be more interesting. COMMISSIONER HENNING: I can't understand why we actually need somebody from the committee if they don't recommend we have to readvertise Mr. Witherite, who corresponds to the Board of Commissioners quite often. So I can't support the motion. Second of all, this whole Affordable Housing Committee, as pointed out earlier, we have all the affordable housing we need for years and years. Maybe the committee needs to take a look at either sunsetting or redirection of their duties. One of them was in here -- plans to investigate a linkage or inclusionary zoning. And it just goes on and on, so I think it needs to -- they need to take a look at whether to sunset the committee or have a new direction for affordable housing. CHAIRMAN COYLE: Okay, that's beyond the scope of this particular item. Would you suggest that for a future item for the County Manager to bring to us? COMMISSIONER HENNING: Well, it's the advisory board of the Board of Commissioners. Why don't I bring it back? CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I'll work with the County Manager's staff, the liaison for that committee, and bring it back for some changes. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, Commissioner Henning, I think you make a very good point. I do think we need to bring it back, especially in light of the problems that we've had with the administration of HUD funding and how that all ties in. So the review of this committee should definitely be reevaluated. The one thing I'm a little confused, I'm not sure why we have six Page 61 Packet Page -2447- 7/24/2012 Item 16.D.3. November 8, 2011 person to be an advocate for low a income person? MS. GRANT: No. CHAIRMAN COYLE: Okay. What do you want to do, Commissioner Henning? COMMISSIONER HENNING: I'm sorry, I don't have the requirements right in front of me. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: But I wouldn't say he's an advocate for low income, I think he's an advocate for responsible government. So waive the requirements for the Immokalee person and have Mr. Witherite -- MR. KLATZKOW: You still have -- even if you appoint Mr. Witherite, you still have open positions on this board to find somebody from Immokalee. COMMISSIONER HENNING: Okay. I mean, is there -- do we have to say that Mr. Witherite is -- what? That's what the issue that Kim Grant is bringing up is that it has to be within a category. MR. KLATZKOW: You have an ordinance that really ties your hands, quite frankly, as to -- CHAIRMAN COYLE: Okay, okay. Commissioner Henning had the right idea in the first place. Let's take a look at the organization at the advisory committee to see if we need to continue the advisory committee or change its makeup, and let's quit the stammering over whether or not we're going to recommend somebody right now. So I would make a motion that we send this to the staff. Commissioner Henning has volunteered to work with the staff to determine whether or not we need to restructure this committee or retain it at all. And then bring it back at a future date, and at that point in time we'll deal with the vacancies. Is that acceptable to the -- COMMISSIONER HENNING: That's acceptable. CHAIRMAN COYLE: All right. We got three nods. Let's do it. Page 64 Packet Page -2448- 7/24/2012 Item 16.D.3. February 21, 2012 MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE" MEETING February 21, 2012 Naples, Florida LET IT BE REMEMBERED that 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: Cormac Giblin John Cowan Christian Davis Patricia Fortune Clyde Quinby Bradley Schiffer Stuart Warshauer Excused: Michael Diamond Christine Jones (Vacancy) (Vacancy — Alternate) ALSO PRESENT: Kim Grant, Interim Director — Housing, Human & Veteran Services Frank ( "Buddy ") Ramsey, Operations Analyst Priscilla Doria, SHIP Loan Processor — Staff Liaison 1 Packet Page -2449- 7/24/2012 Item 16.D.3. February 21, 2012 1. CALL TO ORDER — CHAIRMAN: Chairman Hruby called the meeting to order at 3:01 PM. 2. ROLL CALL: Roll Call was taken and a quorum was established. Eight voting members were present. 3. AGENDA AND MINUTES — CHAIRMAN: a. Approval of ALFenda Christian Davis moved to approve the Agenda as submitted Second by John Cowan. Carried unanimously, 8 — 0. b. Approval of AHAC Minutes —January 9, 2012 Bradley Schiffer moved to approve the Minutes as submitted. Second by Christian Davis. Carried unanimously, 7 — 0. (Note: Stuart Warshauer could not vote because he attended the January 9`h meeting in an "ex- officio" capacity.) 4. INFORMATION ITEMS: A. Single Family Rentals — Federal Reserve Report, January 2012 Frank Ramsey provided a copy of the Report entitled "The U.S. Housing Market.- Current Conditions and Policy Considerations. " (Policy recommendation paper) It was noted Staff will provide copies of various reports that may be of interest to the Committee as such become available. B. Review — AHAC Open Positions Frank Ramsey stated there are two vacancies and both positions have been advertised. • Categories: Member who represents Employers, and the Alternate position. o One member must reside in Immokalee. o Suggested allowing the Alternate Position to remain open (greater flexibility). o Travel expenses for the member residing in Immokalee will be reimbursed. 5. PUBLIC COMMENT: (Speakers will be heard after the topic has been discussed.) 6. DISCUSSION ITEMS /PRESENTATIONS: STAFF A. 2012 Interlocal Agreement Renewal — Review of Subcommittee Findings Background: • June, 2000: Board of County Commissioners and the City of Marco Island entered into an Agreement concerning affordable housing o Collier County was allowed to use population data from the City of Marco Island in its application for entitlement status from HUD Packet Page -2450- 7/24/2012 Item 16.D.3. February 21, 2012 • County's affordable housing services and Staff became available to the - residents of Marco Island • Established a compensation schedule for payments from City to the County • Agreement Term: 3 -years • Maybe cancelled by April 1 st during any renewal year • Changes /modification must be made prior to April 1st during a renewal year Suggested Modifications (recommended by Subcommittee): "Housekeeping:" o Staff was identified as Housing, Human, and Veterans' Services (previously known as "Housing and Urban Improvement" Staff) Reporting Schedule: o Changed from monthly to annual Compensation paid by City: • Changed to "10 percent of building permit fees collected" • Previously: 10% of building permit fees collected or $50,000 whichever was Zreate i° • Payment of $50,000 had become a financial burden for the City of Marco Island due to economic downturn • Policy will be responsive to current market trends Modifications will be presented to Managers for Collier County and City of Marco Island for review and consideration Chairman Hruby noted representatives from the City of Marco Island participated in discussions at the Subcommittee meeting and requested identification of "value added," i.e., programs that were targeted to benefit the City of Marco Island. Frank Ramsey suggested addressing the issue separately to not limit the Interlocal Agreement to specific types of programs. • Between 2001 and 2009, the amount of Grants awarded to the City of Marco Island totaled $897,567. o Utilized for two sidewalk improvement projects and three drainage projects • The entitlement paid out was slightly higher than the amount collected from the City of Marco Island o Source of funding: from HUD under CDBG Funds paid to the County by the City of Marco Island were used to: • Offset start-up expenses for the Collier County Housing Development Corporation ( "HDC "), • Contributed ( "match ") to a tenant -based rental assistance program, • Paid permit fees for the installation of 36 FEMA trailers for IHOPE. • Funds have not been targeted as program- specific to Marco Island Brad Schiffer asked if a comment could be inserted stating that funds would be targeted to benefit the employees of businesses on Marco Island to ensure the money was used in the best interest of Marco Island. Packet Page -2451- 7/24/2012 Item 16.D.3. February 21, 2012 Vice Chairman Giblin noted the funds did not necessarily have to be spent entirely on Marco Island since a number of projects, i.e., HDC start-up and tenant -based rental assistance, were benefiting the County at large and would indirectly benefit Marco Island. He cited an example of hotel employees who worked on Marco Island but lived elsewhere in the County. The tenant -based rental assistance program allowed individuals to live closely enough to Marco Island to work there. Buddy Ramsey noted the Subcommittee had discussed various incentives for the residents and/or businesses on Marco Island such as transportation assistance or rental assistance. He stated if the Committee decided to include such language in the proposed modifications, he would revise the document to be reviewed at the March meeting or the Committee could authorize the Chairman to approve the changes on behalf of the AHAC. Brad Schiffer concurred, noting the proposed changes should be reviewed by the County and City Managers as quickly as possible. Chairman Hruby stated two strategies were discussed during the Subcommittee meeting: 1. Developing transportation and /or rental assistance voucher programs to directly benefit employees working on Marco Island 2. Allowing the City of Marco Island to solicit RFPs ( "Request for Proposals ") for whatever was determined to be necessary, as long as the programs targeted to an affordable housing purpose. The County would oversee the programs to ensure the appropriate goals were met. This approach was more flexible Vice Chairman Giblin noted an advantage for Staff was that the funding sources were not accompanied by volumes of "red tape." The program developed were "outside the box" (such as Start-up assistance) and allowed programs to get going more quickly. He stated he did not want the flexibility or creativity of these programs to be stifled. Chairman Hruby stated the Marco Island City Manager inquired about the "value added" component. Buddy Ramsey suggested the incorporating the following language: "The City of Marco Island may, on an annual basis, submit a request to the County for an appropriation of funds paid through this Agreement to benefit affordable housing - related activities of importance to the City. " He concurred that the lack of red tape presents an opportunity for more innovative and unique circumstances to be funded. Vice Chairman Giblin noted during the height of the market frenzy, the amount paid by the City of Marco Island to the County was approximately $100,000 but in the current market, it is estimated to be closer to $20,000. Buddy Ramsey stated the highest amount paid was during Fiscal Year 2003and was over $100,000. Brad Schiffer suggested: "The Department will utilize the funds to benefit affordable housing - related activities in the City of Marco Island. " Vice Chairman Giblin disagreed, stating utilizing the funds for an apartment complex in Golden Gate City, such as "Heron Cove," could benefit the City of Marco Island because there was a high probability that residents worked on Marco Island. 4 Packet Page -2452- 7/24/2012 Item 16.D.3. February 21, 2012 Christian Davis concurred, stating he worked on Marco Island for the past four years and the majority of individuals he spoke with who worked on Marco Island resided in Heron Cove and the surrounding area as well as the southern portion of Golden Gate City. He continued, stating he agreed with Patricia Fortune's suggestion that the best use of the funds would be as vouchers for transportation or as rental - assistance. He stated when he managed a business on Marco Island, it had been difficult to find employees. He noted the majority of the workforce came from Naples and gas was very expensive for individuals earning only the minimum wage. Bus service was available from Golden Gate City (ride time: approximately 45 minutes, including transfers). Brad Schiffer stated the concern expressed by the Marco Island representatives was that they did not receive an explanation of how the funding was spent, i.e., "We're giving you [the County] money, and what are we getting back for it? " Patricia Fortune supported inclusion of the suggested language to maintain communication since Marco Island would be required to inform the Committee at least once per year of identified trends or programs determined to be necessary, rather than waiting until the renewal period. Mr. Ramsey concurred, stating it was a way to "take the temperature" of the City of Marco Island on an annual basis to determine issues of importance to the City. He noted one of the ideas discussed by the Subcommittee was the possibility of funding an express bus service for Marco Island employees. Chairman Hruby noted any specifics were included in the Agreement would become "codified." He suggested including a list of suggested activities as examples of "programs which we would entertain" in the transmittal letter accompanying the document. Buddy Ramsey clarified the deadline to modify the Agreement was April I" but the renewal deadline was October 1 st. If a provision suggesting how the funds were to be spent was added to the Agreement, the Subcommittee and the representatives from City of Marco Island would have until October to iron out the details. Brad Schiffer suggested adding a notation that the funds "would be utilized in a justifiable way for the citizens and businesses of Marco Island. " Buddy Ramsey suggested including language under Item #2(b) of the proposed Modification Agreement that although the County shall be charged with making all decisions regarding the use of the funds, it will provide the reasons why the funds and how the funds were spent. Chairman Hruby asked the Committee if Mr. Ramsey was to incorporate similar language into the Agreement. Brad Schiffer concurred. He again stressed the Modification Agreement should be sent to the parties as quickly as possible for their review and comments. He suggested keeping the language as generic as possible. Chairman Hruby called for a motion. Bradley Schiffer moved to approve authorizing Frank Ramsey to expand the language under Item #2(b) of the proposed Modification Agreement, subject to review and approval by the AHAC Chairman, and to submit it to the Managers of Collier County Packet Page -2453- 7/24/2012 Item 16.D.3. February 21, 2012 and the City of Marco Island without further review by the members of the Affordable Housing Advisory Committee. The language should state the funds are to be used directly or indirectly for the benefit of Marco Island's citizens and businesses. Second by Patricia Fortune. Carried unanimously, 8 — 0. B. Housing Element (Growth Management Plan) — Review of Subcommittee Methodology Frank Ramsey noted the modifications proposed by the Subcommittee were summarized on a one -page document and distributed to the Committee. He provided the following background information: • The County's Growth Management Plan is undergoing EAR -based Amendments ( "Evaluation and Appraisal Report") — a process that takes place every seven years • "Objective 1 "currently sets a goal of a minimum of 1,000 new affordable housing units to be built each year, but the number is static, not market -driven or responsive to market changes After discussion by the Committee, the following are the final suggestions: • Objective 1 was revised as follows: "Provide new affordable housing units to meet the current and future housing needs of legal residents with very-low, low, and moderate incomes including households with special needs such as rural and farmworker housing." • Policv 1.1: (No changes) "By January 2014, establish a method of Indexing the demand for very-low, low, and moderate housing." • Policv 1.2: (No changes) "By January 2014, establish a method of Indexing the availability and costs of very -low, low, and moderate housing." • Policv 1.3 was revised as follows: "By January 2014, based on the Indexes established in Policies 1 and 1.2 above, develop methods to predict future shortages." • (New) Policv 1.4: "By January 2015, establish the strategies, methods, and tools necessary to support this Objective." • Policv 1.5: (renumbered 1.4) "Beginning June 2015, provide an annual report to the Board of County Commissioners on the status of affordable housing within Collier County." Packet Page -2454- 7/24/2012 Item 16.D.3. February 21, 2012 Objective 2 was revised as follows: "For- profit and not - for - profit providers of affordable - workforce housing shall assist the County and its municipalities in achieving a goal of increasing the number of affordable housing units by the methods contained in Objective 1 and subsequent policies for very -low, low, and moderate income residents of Collier County." • Objective 8 was revised as follows: "Utilize State and Federal grants or other funding sources and, in collaboration with non - profit housing agencies, seek to provide a minimum of 50 rehabilitated or new residential units per year for very -low, low, and moderate income residents. (Families benefiting from such housing include, but are not limited to, farm workers and other populations with special housing needs.) Bradley Schiffer moved to approve and accept the changes to the Growth Management Plan as discussed by the Committee, subject to review and approval by the AHAC Chairman, and to submit it to the Planning Commission without further review by the members of the Affordable Housing Advisory Committee. Second by Christian Davis. Motion carried, 7 — "Yes " /1— "No. " Stuart Warshauer was opposed C. AHAC Functions, Powers & Duties — Review of Subcommittee's Findings (The current governing ordinance is contained in Part 1, Chapter 2, Article 8, Division 9, of the Collier County Code of Ordinances.) Frank Ramsey stated the review was the result of a meeting between the AHAC Chair and Commissioner Tom Henning. The Subcommittee determined the AHAC should focus on policy review and best practices. Proposed changes: • Under Section 2 -972 (2): o Insert the word "proactively" o Strike the phrase, "a plan for any linkage and inclusionary zoning o Add the phrase, "strategy, policy, method, and best practice • Under Section 2 -973: o Correctly identify department as "Housing, Human and Veteran Services" o Under (1): Strike the word "To" c Under (2): • Strike the word "To" • Strike the phrase, "Growth Management Plan" and insert the phrase, "affordable housing activities" Stuart Warshauer moved to approve the revisions as discussed. Second by John Cowan. ' Carried unanimously, 8 0. Packet Page -2455- 7/24/2012 Item 16.D.3. February 21, 2012 D. Discussion: Monthly Meeting Schedule — Alternative Dates and Times Chairman Hruby commented in the past months, it has been difficult to achieve quorum. He requested the Members to email or call the office in advance if they are not able to attend a meeting. It was suggested to contact Mr. Ramsey at least one day in advance of a scheduled meeting. A meeting will be cancelled if a quorum was not available. Chairman Hruby asked the members if they would like to change the day or the month or time of the meeting in the future. Kim Grant noted the BCC Chambers will be available on the first Monday of the month beginning in April. Consensus: Meetings will commence at 3:00 PM on the first Monday of the month. If a meeting is postponed due to a holiday, it will be re- scheduled to the third Monday of that month. 7. STAFF /COMMITTEE MEMBERS: GENERAL COMMENTS 0 Bradley Schiffer • Asked if a value had been determined for the NSP Program • Noted Staffs response to a recent article in The Naples Daily News regarding the results of the Clerk of Court's second audit of the NSP Program. He requested Staff to send copies of the full audit to the Committee. He stated if the audit was public information, it should be provided to the Committee. o Kim Grant stated there were two audits of the NSP Program. She stated one multi - family property owned by the County will be audited separately due to a property management agreement and escrowed funds. There may be an additional audit of the eligibility components of the DRI ( "Disaster Relief Initiative ") Program. o Buddy Ramsey noted the next Subcommittee meeting has been scheduled for March 8th at 2:00 PM in Conference Room 217 of Building "H." Up to five members of the Committee may attend. o A presentation of the Sunshine Law will be made by the County Attorney's office at a future meeting. If a C/D is available, it will be distributed to the members in lieu of a presentation. NEXT MEETING: Monday, April 2, 2012 at 3:00 PM (Note: April 2nd is the first Monday) There being no further business for the good of the County, the meeting was adjourned at 4:28 PM by order of the Chairman. Packet Page -2456- 7/24/2012 Item 16.D.3. February 21, 2012 COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Stephen Hruby, Chairman The foregoing Minutes were approved by Board/Committee Chair on 92012, "as submitted" [_] OR "as amended" [_1. Packet Page -2457- 7/24/2012 Item 16.D.3. PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE VIII. - BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 9. - AFFORDABLE HOUSING ADVISORY COMMITTEE DIVISION 9. - AFFORDABLE HOUSING ADVISORY COMMITTEE 1181 (18) Editor's note— Ord. No. 08 -17, §§ 1 -9, adopted Apr. 8, 2008, amended Art. VIII, Div. 9 in its entirety to read as herein set out. Former Art. VIII, Div. 9, §§ 2 -966 -2 -974, pertained to the affordable housing commission and derived from Ord. No. 91 -65, §§ 1 -9; Ord. No. 04 -77, § 1; and Ord. No. 2005 -69, § 1. Sec. 2 -966. - Creation of the affordable housing advisory committee. Sec. 2 -967. - Appointment and composition. Sec. 2 -968. - Terms of office. Sec. 2 -969. - Removal from office; failure to attend meetings. Sec. 2 -970. - Officers; quorum; rules of procedure. Sec. 2 -971. - Reimbursement of expenses. Sec. 2 -972. - Functions, powers and duties. Sec. 2 -973. - Duties of department heads. Sec. 2 -974. - Review process. Secs. 2 -975 -2 -985. - Reserved. Sec. 2 -966. - Creation of the affordable housing advisory committee. The affordable housing advisory committee (hereinafter referred to as the "committee ") is hereby created. Sec. 2 -967. - Appointment and composition. (a) The committee shall be composed of 11 voting members and one alternate member, of which the Board of County Commissioners shall appoint nine members, as well as the alternate member, one of which must be a resident of Immokalee. The Naples City Council shall appoint two members. The alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The committee shall be composed of members from the county -at- large, the City of Naples -at- large, and shall be comprised as follows: (1) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (2) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. (5) One citizen who is actively engaged as a for - profit provider of affordable housing. (6) One citizen who is actively engaged as a not - for - profit provider of affordable housing. Page 1 of 4 Collier County, Florida, Code of Ordinances Packet Page -2458- 7/24/2012 Item 16.D.3. PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE VIII. - BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 9. - AFFORDABLE HOUSING ADVISORY COMMITTEE (7) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (8) One citizen who actively serves on the local planning agency pursuant to F.S. § 163.3174. (9) One citizen who resides within the jurisdiction of the local governing body making the appointments. (10) One citizen who represents employers within the jurisdiction. (11) One citizen who represents essential services personnel, as defined in the local housing assistance plan. (b) Members of the committee appointed by the Board of County Commissioners shall serve at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of Collier County. (c) Appointment of members to the committee shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. Sec. 2 -968. - Terms of office. The initial terms of office of the affordable housing advisory committee members shall be as follows: (1) The Board of County Commissioners shall appoint: a. Two members to -serve for one year. b. One members to serve for two years. C. Four members to serve for three years. (2) The Naples City Council shall appoint: a. Two members to serve for three years. Thereafter, each appointment or reappointment shall be for a term of three years. A member of the committee may be reappointed by the Board of County Commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office. Sec. 2 -969. - Removal from office; failure to attend meetings. (a) Any member of the affordable housing advisory committee may be removed from office, with or without cause, by a majority vote of the governing body appointing said member. (b) If any member of the committee fails to attend two consecutive committee meetings without a satisfactory excuse, or if a member is absent from more than one -half of the committee's meetings in a given fiscal year, the committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners or the Naples City Council, as applicable. Page 2 of 4 Collier County, Florida, Code of Ordinances Packet Page -2459- 7/24/2012 Item 16.D.3. PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE VIII. - BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 9. - AFFORDABLE HOUSING ADVISORY COMMITTEE Sec. 2 -970. - Officers; quorum; rules of procedure. (a) Annually the membership of the affordable housing advisory committee shall elect a chairman and vice - chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. (b) The presence of six or more members shall constitute a quorum of the committee necessary to take action and transact business. In addition, an affirmative vote of six or more members shall be necessary in order to take official action, regardless of whether six or more members of the committee are present at the meeting. (c) The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners and the Naples City Council. (d) All committee meetings shall be open to the public. Sec. 2 -971. - Reimbursement of expenses. Members of the affordable housing advisory committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of both the Board of County Commissioners and the Naples City Council. Sec. 2 -972. - Functions, powers and duties. The functions, powers and duties of the Affordable Housing Advisory Committee shall be as follows: (1) The Committee shall monitor and advise the Board of County Commissioners and the City Council regarding the goals, objectives, and policies of the county's housing element in the county's growth management plan and the city's comprehensive plan, and any other program, means, or directives which would assist or encourage the provision of affordable housing in Collier County and its municipalities. (2) The Committee shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the housing element of the Growth Management Plan of Collier County. (3) The Committee shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council, as appropriate. (4) The Committee shall review and comment on the county's federal entitlement grant programs, policies, and proposals. (5) The Committee shall investigate any other relevant areas so directed by the Board of County Commissioners. (Ord. No. 2009 -50, § 1) Page 3 of 4 Collier County, Florida, Code of Ordinances Packet Page -2460- 7/24/2012 Item 16.D.3. PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE VIII. - BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 9. - AFFORDABLE HOUSING ADVISORY COMMITTEE Sec. 2 -973. - Duties of department heads. The duties of the director of housing and human services and the Naples Community Development Director, or their designees, shall be: (1) To administer the activities of the affordable housing advisory committee in accordance with established policies of the Board of County Commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the Committee, the county administrator, the city manager, the Naples City Council and the Board of County Commissioners on the growth management plan of each jurisdiction. (3) To attend all committee meetings. Sec. 2 -974. - Review process. This Affordable Housing Advisory Committee shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in Division 2 of this article. Secs. 2 -975 -2 -985. - Reserved. (18) Cross reference— Buildings and building regulations, ch. 22; social services, ch. 114; housing initiatives partnership (SHIP) program, § 114 -56 et seq. Page 4 of 4 Collier County, Florida, Code of Ordinances Packet Page -2461- 7/24/2012 Item 16.D.3. 420.9076 Adoption of affordable housing incentive strategies; committees. (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint 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 their terms. The committee must include: (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 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. 0) 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 actively engaged in these activities in connection with affordable housing, a citizen engaged in the 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 find 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. Packet Page -2462- 7/24/2012 Item 16.D.3. (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 - lot -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. 0) 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 strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee Packet Page -2463- 7/24/2012 Item 16.D.3. 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. 420.9072. (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. Packet Page -2464-