Resolution 2007-203
RESOLUTION NO. 2007---2.Q3
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
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.
RECITALS
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
"Board") has determined that the public health, safety and general welfare requires the
implementation of an affordable-workforce housing program for the following purposes:
a. To implement the goals, objectives and policies of the Collier County
Comprehensive Plan;
b. 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;
c. To assist in satisfying the community's obligation to ensure that a fair
share of the community's housing production is affordable to Collier
County families;
d. To provide for a range of home ownership opportunities for those who
work in Collier County and who provide the community with essential
services but presently cannot afford to purchase a home within the
community; and
e. To provide an opportunity for developments which create additional
affordable-workforce housing demands within Collier County to share in
the responsibility to provide affordable-workforce housing.
WHEREAS, the Board has directed staff to develop an inclusionary zonmg
ordinance and related affordable-workforce housing mitigation fee for Board
consideration; and
WHEREAS, from time to time, voluntary donations for affordable-workforce
housing or as a credit against any affordable-workforce housing mitigation fee that might
be adopted in the future are made directly to the County; and
WHEREAS, the Board finds that there is a valid public purpose for accepting
such voluntary donations for affordable-workforce housing; and
WHEREAS, the Board also finds that such voluntary donations for affordable-
workforce housing should be maintained in a trust fund with the use of such mOnies
limited to meeting affordable-workforce housing needs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE.
PUBLIC PURPOSE.
The Board hereby declares that a valid public purpose exists for accepting
voluntary donations for affordable-workforce housing and that such donations should be
deemed to be a credit against any affordable-workforce housing mitigation fee, including
fees in lieu of any inclusionary zoning obligation, that may be adopted in the future.
SECTION TWO.
AFFORDABLE-WORKFORCE HOUSING TRUST FUND.
There shall hereby be established an Affordable-Workforce Housing Trust Fund
(sometimes referred to hereafter as the "Fund"). All voluntary donations made directly
to the County for affordable-workforce 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 with 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
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eligible uses as set forth in this Resolution and as approved by the Board and
administered by the Housing and Human Services Department staff.
SECTION THREE. USE OF AFFORDABLE-WORKFORCE HOUSING TRUST
FUND MONIES.
Collier County shall use the funds deposited within the Fund for the following
purposes, including but not limited to the options set forth in numbered paragraphs 1-8 in
this Section. Annually, the staff of Housing and Human Services will solicit project
proposals from local nonprofit organizations and "for profit" developers as well as
indi viduals. Staff will review and score the projects based on established criteria. The
staff recommendations for funding of specific options and projects will be presented
annually to the Board of County Commissioners for approval. An annual application
workshop will be conducted to provide technical assistance to applicants and address any
issues or concerns. All projects will be secured by a contractual agreement developed in
conjunction with the County Attorney Office. Each such Agreement shall be submitted
to the Board for approval and, following approval, shall be signed by the Chairman.
Applications for assistance for the individual home buyer will be accepted and reviewed
throughout the year by Housing and Human Services staff. Availability of funds and
applicant income verification would determine approval.
Options for use of Fund monies may include:
1. Down Payment Assistance - for units located in Collier County. Units
must be primary residence and homesteaded. Residency will be verified annually.
Available to households earning between 81-150% of the Median Family Income as
determined by the Department of Housing and Urban Development. The maximum
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deferred loan amount is $50,000. All participants must attend a recognized homebuyer
education program. This loan would not be forgivable.
2. Impact Fee Relief - for units being developed within Collier County who
are serving households between 81-150% of the Median Family Income as determined by
the Department of Housing and Urban Development. Unit must be primary residence and
homesteaded. Residency will be verified annually. This loan would not be forgivable.
3. Land Acquisition - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Deed and land use restrictions
must be recorded. Construction and occupancy requirements will be based on the size of
the project.
Applicant must apply for the applicable incentives and provide
documentation. This loan would not be forgivable.
4. Construction Loans - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Applicants may be non-profit
organizations, for profit developers or individual first time homebuyers.
5. Community Land Trust - For acquiring land, existing homes and/or
establishing land trust(s) with local non-profit organizations and/or developer partners or
county govemment. Down payment assistance for buyers who purchase homes in the
CLT. Targeting households below 150% of the median income.
6. Homebuyer Education and Counseling - For non-profit organizations
interested in delivering on-going programs to help prepare first time home buyers of all
income categories for homeownership. Annual contracts will be based on specific
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deliverables including subject matter, diverse geographical coverage and availability of
programs.
7. Disaster Recovery and Mitigation - Emergency specific disaster recovery
initiatives will be presented to the Board to address housing needs for households below
150% of the Median Family Income based on the extent of the need. Assistance may
include providing temporary housing for our most vulnerable populations after a disaster
strikes, supplemental funding to organizations that house disaster victims and/or
providing disaster mitigation funds to individual homeowner or organization projects.
8. A maximum of 10% of collections may be used to monitor, administer and
oversee the Program.
9. As may be required by any stipulation or agreement with the donor
provided the funds are used to meet affordable-workforce housing needs as determined
by the Board.
First preference in receiving assistance from the Fund for allowed options or uses
shall be given to applicants who have not received assistance from other affordable-
workforce housing programs administered by Housing and Human Services during the
same budget year.
SECTION FOUR. REPORTING RESPONSIBILITIES.
A staff report on the receipt and uses of funds donated for affordable-workforce
housing and deposited into the Fund will be presented to the Affordable Housing
Commission on a quarterly basis and to this Board yearly.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes
of this Board.
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This Resolution adopted after motion, second and majority vote, this 25th day of
July, 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ByL~1I/U
. JA ES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
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Michael W. Pettit
Chief Assistant County Attorney
06-cps-0038 1/595
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