Ordinance 2005-69
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Ordinance No. 2005-69 ~.. 'f!J ",C;
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 0
COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES
DERIVED FROM ORD. NO. 91-65, AS AMENDED, PERTAINING TO
THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND
COMPOSITION; TERM OF OFFICE; FUNCTIONS POWERS AND
DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners Board on April 4, 1989" adopted
Resolution No. 89-87 creating an Affordable Housing Task Force as an ad-hoc committee for a
period not to exceed one (1) year; and
WHEREAS, the final report of the Affordable Housing Task Force recommended the
creation of an Affordable Housing Commission as a permanent advisory board which now
exists; and
WHEREAS, Collier County Ordinance No. 86-41, codified as § 2, Article VIII, Division
9 of the Code of law and Ordinances sets forth the requirements for creating County advisory
boards; and
WHEREAS, both the County Commission and the Naples City Council have recognized
that affordable housing is a county-wide issue and that continuing City-County coordination is
advantageous to the citizens of Collier County as a whole through a review of the applicable
provisions of § 2, Article VIII, Division 9 of the Code of Law and Ordinances; and
WHEREAS, it is the desire of the Board of County Commissioners to amend certain
sections of the Code of Laws pertaining to the_Affordable Housing Commission'lncluding the
Appointment and Composition and Functions, Powers and Duties of the Commission.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ,COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE.
Amendment of Sections of Chapter 2.
The following Articles, Divisions, and Sections of Chapter 2 of the Code of Laws and
Ordinances are amended as follows:
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DIVISION 9. AFFORDABLE HOUSING COMMISSION*
*Cross references: Buildings and building regulations, ch. 22; social services, ch. 114;
housing initiatives partm:rship (SHIP) program, § 114-56 et seq.
Land development code reference-- Housing and urban improvement department, div.
5.12.
Sec. 2-966. Created.
The anordable housing commission (hereinafter referred to as the "commission")
is hereby created.
Sec. 2-967. Appointment and composition.
(a) The commission shall be composed of nine voting members and one altcrnate
membcr, of which the board of county commissioners shall appoint s* eight
members, including the alternate member, two of which must live in the Rural
Area (East of Collier Boulevard), and one of those must be a resident of
Immokalec. atHl Ihe Naples City Council shall appoint fuut: two members. The
alternate member shall serve in a voting capacity only whcn a regular member is
absent from a meeting. The commission shall be comprised of members ti'om the
county-at-large, tIH,~ City of Naples-at-Iarge, the development community,
aft(Jrdable housing providers, financial institutions, the legal profession and
rcaltors.
(b) Members of the commission appointed by the board of county commissioners
shall scrve at the pleasurc 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 pennanent residents and electors of the
county.
(c) Appointment of members to the commission shall be by resolution of the board of
county commissioners and the Naples City Council, respectively, which
resolutions shall set forth thc date of appointment and the term of otÌÌcc.
Sec. 2-968. Terms of office.
(a) The initial terms of office of the affordable housing commission members shall be
as follows:
(I) The board of county commissioners shall appoint:
a. Two members to serve tor one year.
b. One member to serve for two years.
c. +we Four members to serve tor three years.
(2) The Naples City Council shall appoint:
u. One member to serve for one year.
b. Tv.'o mcmbers to serve for two years.
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eª.
Gfte Two members to serve for three years.
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(b)
Thereafter, each appointment or reappointment shall be for a term of three years.
A member of the commission 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 fìl1 any vacancies on the commission shall be for the remainder
of the unexpired term of office.
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Sec. 2-972. Functions, powers and duties.
The functions, powers and duties of the affordable housing commission shall be
as follows:
(1) The commission shall monitor the implementation and advise the Board of
County Commissioners and the City Council regarding the goals, obiectives, 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. of the affordable housing tusk fòrce's
recommendations, and the goals, objectives, and policies of the housing elements
of the county's growth management plan and the city's comprehensive plan.
(2) The commission shall investigate the f-easibility of tax incremcnt financing fòr
infrastructure for sitc developmcnt of atTordablø housing for low income
households.
(3) The eommission shall develop mcans or mechanisms to eneourage a voluntary
program in which realtors, and others holding deposits such as escrovl accounts of
earnest money deposits or security for rentals \vould deposit thcse in Ii selected
bani, where such bank would coRtribute to the housing trust fund a gift calculated
on thc avcrage collected balance for the month.
(4-1) The commission shall investigate a plan for any linkage and inclusionary zoning
recommendations consistent with the Housing Element of the Growth
Management Plan of Collier County.
(:5-1) The commission 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.
íÐ. The commission shall review and comment on the County's Federal Entitlement
Grant Probrrams. policies, and proposals.
~) The commission shall receive a presentation fTom all applicants seeking rezoning
approval by the Board of County Commissioners.
(6) The commission shall investigate any other relevant areas so directed by the board
of county commissioners.
Sec. 2-973. Duties of department heads.
The duties of the Rousing and urban improvement Operational Support and
Housing director and the Naples Community Development Director, or their desi!:,7J1ees,
shall be:
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(I) To administer the activities of the affordable housing commission in accordance
with established policies of the board of county commissioners and the Naples
City Council and guidelines adoptcd by the board and the council.
(2) To provide periodic written reports to the commission, 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 commission meetings.
Sec. 2-974. Review process.
This atìordable housing commission shall be reviewed once every four years
commencing in 1995, in accordance with the procedures contained in division 2 of this
article.
Sees. 2-975--2-98S. Reserved.
SECTION TWO: Conflict and ~everability.
In the event this Ordinance conflicts with any other ordinance of Collier County,
the more restrietivc shall apply. [f any phrasc or portion of this Ordinance, or the
particular application thereof: shall be held invalid or unconstitutional by any cou11,
administrative agency or other body with appropriate jurisdiction, the remaining section,
subsection, sentences, clauses or phrases and their application shall not bc affected
thereby.
SECTION THREE: Inclusion in the code of laws and ordinances.
The provisions of this ordinance shall become and made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such~ and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of
State.
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PASSED AND DULY ADOPTE~,lY the b~ the Board of County Commissioners of
Collier County, Florida this /5 day of -/Vltd¡)(1005.
ATTEST:
. .. QWJ<tìHT F~ BROCK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
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By:
FRED W. COYLE, CHAIRMAN
Approved as to legal form
Patrick G. ite
Assistant County Attorney
This ordinance filed wIth the
I ,,~tary of~te/s Office the
- day of L~ ôDcf)
and acknowledgement of that
Xl} received thisa..~ day
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-69
Which was adopted by the Board of County Commissioners
on the 13th day of December, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of December, 2005.
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DWIGHT E. BROCK (-,':.,v:·' "':~~..\,
Clerk of Courts and.· Çl~~~-,'" ....~ ':
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County Commissionei:s', \?:'~ ',.:'y. .'; .::.:: .
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By, Ann J ne~' ',.:, :
Deputy Clerk