Agenda 09/15/2009 Item #16D21
Agenda Item No. 16D21
September 15, 2009
Page 1 of 9
EXECUTIVE SUMMARY
,...............
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Resolution amending the State Housing Initiative Partnership
(SHIP) program 2004-2007 Local Housing Assistance Plan (LHAP) to increase the
maximum award for owner-occupied rehabilitation and authorize an amendment to
Ordinance 94-39, as amended, relating to the Residential Rehabilitation Program.
OBJECTIVE: That the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Resolution amending the SHIP program 2004-2007 LHAP to increase the
maximum award for owner-occupied rehabilitation and authorize an amendment to Ordinance
94-39, as amended, relating to the Residential Rehabilitation Program.
CONSIDERA TIONS: The SHIP program requires the Board of County Commissioners to
approve a LHAP every three (3) fiscal years. The purpose of the LHAP is to provide a concise
description of the local housing assistance strategies and local housing incentive strategies that
have been adopted and how those activities meet the requirements of Florida Statute 420.907-
420.9079.
On April 24, 2007, the Board of County Commissioners approved the 2008-2010 LHAP. This
plan provides up to $30,000 in residential rehabilitation for income qualified owner-occupants.
This amount of assistance was an increase from the 2004-2007 LHAP, which limited residential
rehabilitation awards to $15,000.
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During the 2008-2009 SHIP Program Management and Physical Inspection it was determined
that the maximum award ($30,000) for residential rehabilitation had not been made retroactive
to SHIP funds received under the 2004-2007 LHAP. Approval of this item will conect this
inconsistency and ratify the expenditure of up to $30,000 for residential rehabilitation for
income qualified owner-occupants assisted with SHIP funds received under the 2004-2007
LHAP.
Collier County Code of Laws and Ordinances, Chapter 114, Article IV, Residential
Rehabilitation Program, provides that residential rehabilitation assistance shall not exceed
$15,000 per household. At the time that the 2008-2010 LHAP was amended, this was
inadvertently overlooked by staff. Expenditure of $30,000 for residential rehabilitation is an
eligible use of SHIP funds, as outlined in Florida Statute 420.907. Based on the proposed
LHAP amendment, the ordinance must also be amended for consistency with the LHAP.
To ensure consistency with Ordinance No. 94-39, as amended, the following amendment is
recommended to the 2004 LHAP:
(3) Loans are limited to a maximum of$15,000 $30.000 per household.
If approved, the proposed ordinance amendment will be advertised and brought back for Board
consideration at a future meeting.
_.
FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16D21
September 15, 2009
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LEGAL CONSIDERATIONS: Pursuant to the 2008-2010 LHAP and the Department of
Housing and Human Services' policy, the above referenced increase should have been applied
to the 2004-2007 LHAP and approved by the Board of County Commissioners. By approving
this LHAP amendment, the Board is ratifying and confirming all actions taken by Staff in
connection with 2008-2010 LHAP retroactive to adoption (April 24, 2007). At this point, the
LHAP is inconsistent with Collier County Code of Laws and Ordinances, Chapter 114, Article
IV, Residential Rehabilitation Program. Staff is asking the Board to amend the LHAP to reach
consistency with the SHIP audit. Staff further requests authorization to amend the ordinance in
order to provide consistency with the LHAP and allow for up to $30,000 in residential
rehabilitation. This item is legally sufficient for Board action. - CMG
STAFF RECOMMENDATION: That the Board of County Commissioners approves, and
authorizes the Chainnan to sign, a Resolution amending the SHIP program 2004-2007 LHAP
to increase the maximum award for owner-occupied rehabilitation and authorize staff to
advertise the proposed ordinance amendment and retum to the Board at a future date for
approval.
PREP ARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
ORDINANCE NO. 2009-_
Agenda Item No. 16D21
September 15, 2009
Page 3 of 9
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 94-39, AS PREVIOUSLY
AMENDED AND CODIFIED AS CHAPTER 114, ARTICLE
IV OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, PERTAINING TO THE RESIDENTIAL
REHABILIT A TION PROGRAM, BY AMENDING
SECTIONS 114.72, 114-74 AND 114-75, IN ORDER TO
INCREASE THE MAXIMUM AWARD FOR OWNER-
OCCUPIED REHABILIT A TION FOR CONSISTENCY
WITH THE COLLIER COUNTY 2008 LOCAL HOUSING
ASSISTANCE PLAN; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING
RETROACTIVE APPLICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable
Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules
adopted at Chapter 67.37, Florida Administrative Code, as a comprehensive funding package for
state and local housing programs to better enable local governments to meet their responsibilities
for affordable housing in accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing
documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development
and maintenance of affordable housing; and
WHEREAS, Collier County implemented a Local Housing Assistance Program through the
adoption of Ordinance No. 93.19, the "Collier County Housing Initiatives Partnership (S.H.I.P.)
Program;" and
WHEREAS, consistent with the Local Housing Assistance Plan, the Board of County
Commissioners adopted Ordinance No. 94.39, the "Collier County Residential Rehabilitation
Program," which is codified in Chapter 114, Article IV of the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Board of County Commissioners approved the 2004 Local Housing
Assistance Plan providing $15,000 in residential rehabilitation assistance and the 2008 Local
Housing Assistance Plan providing $30,000 in residential rehabilitation assistance; and
WHEREAS, the Collier County Department of Housing and Human Services
recommends amending Ordinance No. 94-39 retroactive to April 24, 2007, to increase the
Words Underlined are added; Words gtruck Through are deleted.
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Agenda Item No, 16021
September 15, 2009
maXImum award for owner-occupied rehabilitation consistent with the Collier County ~ 4 of 9
Local Housing Assistance Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Chapter 114, Article IV, RESIDENTIAL REHABILITATION
PROGRAM, of the Code oflaws and Ordinances, is amended as follows:
Sec. 114-72. Administration.
* * * *
(3) Applicant eligibility determination.
* * * *
d. Each applicant must meet the following criteria:
1. Homeowners must have made 12 monthly mortgage payments on
their current homestead property to qualify under this program.
2. Rehabilitation including construction and emergency repair of
affordable housing qualifies under the program. For purposes of
this section, rehabilitation means repairs or improvements which
are needed for safe and/or sanitary habitation, correction of code
violations, or addition of handicapped accessible items.
3. Loans are limited to a maximum of $15,000.00 $30,000.00 per
household.
4. Mortgages on the property must be current for the most recent 12-
month period.
5. The properties must have a homestead exemption through the
Collier County Property Appraiser's Office.
* * * *
Sec. 114-74. Contractor Selection.
* * * *
(d) Required documentation for rehabilitation/emergency home repair.
The following documents are required of all eligible households for repair loans:
(1) Rehabilitation/emergency home repair bid spec{fication. All work that is to be
performed must be listed on this form detailing labor and material costs. This
form must be delivered to a representative of the department prior to the
Words Underlined are added; Words Struck Through are deleted.
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Agenda Item No. 16D21
September 15, 2009
commencement of any repair work. A signed copy will be provided to the own~fJe 5 of 9
and to the finance departments. Loans granted under this program, but are limited
to a maximum of $15,000.00 $30.000.00 per household.
(2) Final inspection. A copy of the signed final inspection will be maintained in the
owner's permanent file. A copy of the final inspection will be provided to the
department of finance.
(3) Promissory note. This note will be used specifically for the loans granted under
the rehabilitation/emergency home repair program. A copy of the note will be
maintained in the owner's permanent file, and will also be sent to the department
of finance. The original, executed note will be kept on file in the department.
(4) Second mortgage. The second mortgage will be used to secure the promissory
Note and will be recorded by the Clerk of the Circuit Court for Collier County.
The original, recorded second mortgage will be kept on file in the department.
Copies will also be made available to the owner and the department of finance.
All fee!5 fees associated with the recording of this document will be paid by the
department.
(5) Waiver of lien. Upon completion of the repair work, the contractor will be
required to execute a waiver of lien. No payments shall be disbursed until the
department receives the waiver of lien, a satisfactory inspection report and the
itemized contractor's invoice.
* * * *
Sec. 114-75.
Contractual Relationship between Collier County and Program
Participant(s).
(e) Program participants must execute the program document entitled, "contract C-3,
residential rehabilitation program perfonnance agreement."
(I) The performance agreement. sets forth the obligations of the program participant
with regard to the facts and purposes of the program which includes, but is not
limited to:
* * * *
o. That the maximum amount of the loan shall be the actual amount paid to
the contractor, or $15,000.00 $30,000.00, whichever is less. lfthe source
of funding pennits, the maximum amount of the loan may be extended to
$15,000.00 $30,000.00.
* * * *
Words Underlined are added; Words Stmck Through are deleted.
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Agenda Item No" 16021
September 15, 2009
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Page 6 of 9
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 Ordinances may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION THREE: 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 this 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 FOUR: RETROACTIVE APPLICATION.
The residential rehabilitation amount provided for In this Ordinance amendment is
retroactive to April 24, 2007, and the payment of any residential rehabilitation up to $30,000
since April 24, 2009 is ratified, continned and validated.
SECTION FIVE: EFFECTIVE DATE.
Unless retroactive application of this Ordinance amendment would impair vested rights, this
Ordinance amendment shall apply retroactively and shall become effective upon filing with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~lIeen M. Greene
Assistant County Attorney
Words Underlined are added~ Words Struck Through are deleted.
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Agenda Item No. 16021
September 15, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D21
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP)
program 2004-2007 Local Housing Assistance Plan (LHAP) to increase the maximum award
for owner-occupied rehabilitation and authorize an amendment to Ordinance 94-39, as
amended, relating to the Residential Rehabilitation Program,
9/15/2009 90000 AM
Meeting Date:
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 8/19/20099:22:55 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 8/19/2009 11 :09 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 8/20/200910:21 AM
Approved By
Marlene J. Foord Grants Coordinator Date
Administrative Services Administrative Services Admin. 8/21/20099:48 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 8/28/2009 12:42 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 9/8/20094:32 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 9/9/200912:34 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/9/2009 2:42 PM
RESOLUTION NO. 2009-
Agenda Item No. 16D21
September 15, 2009
Page 8 of 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005,
2005-2006, AND 2006-2007; AMENDING MAXIMUM AWARD FOR
OWNER-OCCUPIED REHABILITATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for affordable housing in accordance with their comprehensive
plans; and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
enacted Collier County Ordinance No. 93-19 on April 13, 1993, codified as Article III of
Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier
County Housing Initiatives Pminership (SHIP) Program; and
WHEREAS, through Resolution No. 2007-96, the Board of County
Commissioners adopted a new three year Local Housing Assistance Plan (LHAP)
outlining the intended use of SHIP funds for fiscal years 2008-2010; and
\VHEREAS, Resolution No. 2007-96 increased the maximum award residential
rehabilitation from $15,000 per unit to $30,000; and
WHEREAS, during the 2008-2009 SHIP Program Management Review and
Physical Inspection it was detennined that the increase in the maximum award set forth in
the 2008-2010 LHAP for residential rehabilitation had not been retroactive to the 2004-
2007 LHAP; and
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Agenda Item No. 16D21
September 15, 2009
WHEREAS, this Resolution will correct this inconsistency and authorize tR@ge 9 of 9
Board to ratify the expenditure of up to $30,000 for residential rehabilitation with SHIP
funds received under the 2004-2007 LHAP; and
WHEREAS, the Collier County Department of Housing and Human Services
recommends amending Ordinance No. 94-39 to increase the maximum award for owner-
occupied rehabilitation for consistency with the Collier County 2008 Local Housing
Assistance Plan.
NOW THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that the Collier County and City of Naples, FL SHIP Program
LHAP for the State of Florida fiscal years 2008-2010 is hereby amended as set forth in
such attachment.
BE IT FURTHER RESOLVED that Board of County Commissioners authorizes
staff to advertise an amendment to Ordinance No. 94-39 and return for approval at a
future Board of County Commissioners' meeting.
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its approval and that it be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this 15th day of
September, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to legal fonn and sufficiency:
Colleen Greene
Assistant County Attorney
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