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AHAC Minutes 10/11/2011October 10, 2011 MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEETING October 10, 2011 Naples, Florida ab. 8 l/ SMAY n� u1c LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee, met on this date at 3:00 PM, in a NON - WORKING SESSION, in Administrative Building "F," 3rd Floor, of the Government Complex, Naples, Florida, with the following Members present: (Vacancy — Alternate) ALSO PRESENT: Kim Grant, Interim Director — Housing, Human & Veteran Services Frank ( "Buddy ") Ramsey, Housing Manager (Absent) Priscilla Doria, SHIP Loan Processor — Staff Liaison Meghan Poxon, Grants Support Specialist Commissioner Jim Coletta — BCC (Absent) County Attorney, Office of the County Attorney Absen Date: �li Item 0lam 1 `A t Copies to: Fiala ✓ CHAIRMAN: Stephen Hruby Hiller V Vice Chair: Cormac Giblin (Excused) Henning _ John Cowan Coyle / Coletta G Christian Davis (Excused) Patricia Fortune (Excused) Christine Jones Bradley Schiffer Stuart Warshauer (Absent) (Vacancy — Alternate) ALSO PRESENT: Kim Grant, Interim Director — Housing, Human & Veteran Services Frank ( "Buddy ") Ramsey, Housing Manager (Absent) Priscilla Doria, SHIP Loan Processor — Staff Liaison Meghan Poxon, Grants Support Specialist Commissioner Jim Coletta — BCC (Absent) County Attorney, Office of the County Attorney Absen Date: �li Item 0lam 1 `A t Copies to: October 10, 2011 1. CALL TO ORDER — CHAIRMAN: Chairman Steve Hruby called the meeting to order at 3:19 PM. ANNOUNCEMENTS — CHAIRMAN HRUBY: Several procedural issues required investigation which delayed starting the meeting: o Quorum was not established o The terms for two Committee members expired during October, but they were allowed to participate The County Attorney's Office confirmed that the Advisory Committee Members could hear information items but could not vote on any issues — discussion of items was permissible, as was Public Comment, but official business would not be transacted Chairman Hruby and read the procedures to be observed during the meeting. 2. ROLL CALL: Roll call was taken for the record. A quorum was not established — only four members were present. 3. AGENDA AND MINUTES — CHAIRMAN: a. Approval of Agenda Change — Addition: • Staff requested to add (b): SHIP Loans — Short Sale Policy under Item 4, "Information Items" Chairman Hruby ascertained the Members did not have questions concerning the Agenda. b. Approval of Minutes —September 12, 2011 Change — Addition: • Page 6 —It was noted that John Cowan volunteered to serve on the NSP Subcommittee Due to the absence of a quorum, approval of the Minutes was deferred to the next full Committee meeting. 4. INFORMATION ITEMS — STAFF: a. Advertising for Committee Members — Kim Grant • A recent Press Release, distributed to the Committee, advertised the three vacant positions on the Committee. • Term: three years • The additional two vacancies expiring in October will also be advertised • Members were encouraged to re -apply and utilize the forms available on the website. • Applications will be presented to the Committee for review /recommendation • The recommended applications will be forwarded to the Board of County Commissioners for approval and appointment to the Advisory Committee. • Applicants will be matched to the open categories specified by Florida Statutes, Section 420.9072 October 10, 2011 Chairman Hruby clarified the members of the Committee represent various segments of the housing development market, as mandated by the State of Florida. Vacancies are to be filled by individuals with an expertise in one of several categories, i.e., real estate, mortgage banking, advocate for low- income persons, etc. 6. DISCUSSION ITEMS AND PRESENTATIONS: STAFF a. Vacancy Policy /Action Kim Grant stated: • One member has accumulated a number of absences • To vacate the position, the Chairman is required to acknowledge the absences at a Committee meeting. Reference was made to the County's Ordinance, as follows: "Section Eight: Attendance Requirements: B. In the event that any Board member is absent from two (2) consecutive meeting without a satisfactory excuse acceptable to the Board Chair, the Board Chairperson shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Executive Manager to the Commission of the Board member's failure to attend without a satisfactory excuse. The Commissioners shall review the Board Chairperson's notification at the Commission meeting and declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two (2) consecutive meetings without a satisfactory excuse ... " Chairman Hruby will take appropriate action at the next full Committee meeting. 4. INFORMATION ITEMS — STAFF: b. SHIP Loans — Short Sale Policy: Kim Grant A PowerPoint presentation was given. • On September 27, 2011, the proposed policy was presented to the Board of County Commissioners. • Recommendation: o The Board of County Commissioner approve a "Short Sale "policy and procedures for the SHIP Program loans • History: • SHIP was established in 1992 to assist very low, low, and moderate income individuals with funds for down payment when purchasing a home • Repayment was required upon the sale or refinance of the home • Background: o On September 13, 2011, a SHIP down- payment assistance recipient petitioned to request approval of a "short sale" repayment settlement • SHIP second mortgage - $24,727.50 • Bank settlement offer - $2,000 October 10, 2011 o SHIP Program: • Has not established a short sale policy or procedures • Does not regulate local government's policy on forgiving /settling loans • No local policy /procedure or Grantor policy /procedure o Collier County, as the lender, has the right to approve forgiveness, settlement, or enforcement the mortgage • Proposed Policy: o Recipient as seller of the property shall not receive any funds ( "proceeds of sale ") o Collier County will require re- payment of 25 % of the amount owed OR $2,500 (whichever amount is greater) • A loan amount of $20,000 would require repayment of $5,000 • Payment would be due at closing • Down Payment Assistance: o SHIP loan amounts have ranged from $2,000 to $45,000 per Applicant o Ship Loans total: $22,157,158 (1996 through 2010) • "Short Sale " vs. Foreclosure: o Purpose: To avoid foreclosure by negotiating a settlement which is less than mortgage loan amount owed o Parties (First Lender /Subordinate Lender) agree to accept the reduced payoff amount o By agreeing to the reduced amount, it is often possible to recapture a portion of the funds after foreclosure o The County would receive $0.00 after foreclosure of a property • "Short Sale " Procedure: • Applicant will be required to provide complete documentation including all applicable forms • HH &VS will determine eligibility of Applicant, review documentation, and recommend approval if appropriate • Final approval will be issued by the County Manager's Office • After repayment, HH &VS will request approval from the BCC for Satisfaction of Mortgage Kim Grant stated the BCC directed the Housing, Human & Veterans Services Office to work in conjunction with the Foreclosure Task Force and draft a proposed policy. She suggested involving the Affordable Housing Advisory Committee in the process. Both groups would attend meetings to vet the policy, determine options, and establish procedures. Ms. Grant clarified if the "short sale" application is approved, the County would receive repayment only from the Applicant in the appropriate amount and the Bank would not be required to contribute any funds. She explained the least amount that the County would receive would be $2,500. Christine Jones noted some banks are accepting Promissory Notes from a seller if he /she is "upside down" on the mortgage, i.e., the sale will not generate any proceeds because the mortgage amount owed is greater than the appraised value of the property. Ms. Jones volunteered to serve on the "Short Sale" Committee. 4 October 10, 2011 It was noted if an owner fulfills his/her obligation of remaining in the property for 15 years, the remaining balance of the SHIP loan is automatically forgiven. 5. PUBLIC COMMENTS: Speakers: Gladys Schneider, Technical Assistance Director, Florida Housing Coalition ( "FHC "): • Requested to participate in the NSP decision • FHC has worked with the County on the NSP Program • Will provide technical assistance as needed • FHC developed different techniques to aid local governments to purchase foreclosed properties, rehab, and sell them as affordable housing • Instituted its own program prior to HUD's NSP Program • Has established tools for use by SHIP communities and non - profits • HUD requested FHC's participation on NSP Team — to provide assistance to communities participating in NSP Program on a nation -wide basis • Encouraged ( "strongly advised ") HH &S to continue participating in the NPS Program o "FHC has the experience and is willing to help" Chairman Hruby stated the NSP Subcommittee advertises its meetings and the public is welcome to attend. Albert Batista, Attorney, Legal Aid Service of Collier County: • Completed/submitted online application to serve as "Low Income Housing Advocate" on the Affordable Housing Advisory Committee • Legal Aids offers free legal representation to low- income residents of Collier County o His area of expertise: Landlord/tenant issues and housing foreclosures o Represented 400+ clients during the past two years • Worked with HPRP as well as Department of Housing, Human & Veterans' Services o Expressed appreciation to HH &S for its assistance /education, i.e., completion of complicated Federal forms for payment requests submitted to the Clerk of the Court — never had a document rejected 6. DISCUSSION ITEMS AND PRESENTATIONS: STAFF a. Vacancy Policy /Action — Chairman Hruby (Continued) • Chairman Hruby stated for the record the Advisory Committee member had not been in attendance for two consecutive meetings and his position on the Advisory Committee is deemed to be vacant. b. EAR -based Amendments/Housing Element — Michele Mosca, Comprehensive Planning Kim Grant noted the Planning Commission scheduled a Workshop to discuss the Housing Element of the Growth Management Plan for Friday, October 14, 2011. Michele Mosca stated: • The County is required to review its Comprehensive Plan every seven years as part of the Evaluation and Appraisal Report • The Evaluation/Appraisal Report was adopted by the BCC in January 2011 October 10, 2011 • Recommended changes to the Comprehensive Plan are being brought to various County Committees (EAC, CCPC, AHAC, BCC) • The Housing Element is included in the Comprehensive Plan (Copies of the proposed changes were distributed to the Committee for review.) Ms. Mosca noted the following outstanding items: • Objectives 1 and 2: Still pending — will obtain additional information from the 2010 Census data to ascertain the current "demand" for affordable housing o Will be discussed at the Workshop o Planning Commission suggested reducing number of units to be built to 500 o BCC directed Staff to work with the DCA (Department of Community Affairs) o DCA requested Staff to provide "sufficient data analysis to address the demand" Ms. Mosca stated the information is anticipated to be available by December, transmittal hearings will be scheduled in January /Februiary 2012, and a supplemental report will be provided. She stated the remaining changes (strike - through or underlining of text) consisted of "house cleaning" for easier reading. (Percentages or numbers will be inserted.) • Policy 1: (originally 1.4 — changed to 1.5) o Planning Commission requested Staff revise language to be consistent with language in Florida Statutes o Staff was directed to work with Habitat for Humanity to devise additional language: ■ "except where need can be demonstrated" (added to first sentence) to provide flexibility regarding location of affordable units within geographic areas, i.e., to avoid concentrating affordable housing in one or two specific districts of the County Q. Recommendations /incentives will not be adopted until 2019. Why? A. Due to difficulties in finding funds to establish a program. The City of Naples Staff discussed changes with the City Council but no direction was given Q. Regarding Objective 8, why was Immokalee Urban Area, Rural Fringe Mixed Use District, and Rural Lands Stewardship Area removed from the text since the objectives relate to Immokalee? Ms. Mosca will review Objective 8 and make corrections prior to the Workshop. c. AHAC Subcommittee Report/NSP Options Chairman Hruby stated: Ttwo Subcommittee meetings were held Goal: to objectively review "Best Practices" of NSP Program and determine if the Program could function more efficiently in light of the concerns expressed by the Board of County Commissioners (i.e., audit by the Clerk of Court) October 10, 2011 • Various delivery methods were discussed (local vs. other areas of country) o Option: outsource to public- sector entity or non - profit entity rather than administer internally as was done by HH &VS • Tasks were broken out into three elements: o #1 — Identify and acquire foreclosed properties (real estate function) o #2 — Analyze extent of rehab necessary, monitor progress (construction and design function) o #3 — Identification of potential homeowners and sale (real estate function) • Construction/design function has been problematic for the local ESP Program • "Best Practices" — The most successful NSP programs were located in urban/metro areas where non - profit organizations and CHODOs have been in the business for several years (40 +) — can "turn" 100+ houses per year • Limited skill sets and infrastructure available in Collier County — could handle specific tasks but not overall responsibility o Option: to outsource to a non - profit was not feasible o Option: to outsource to a public entity (housing developer) might be more successful • construction community is geared to new construction — not rehab • policy was not determined in advance • The Subcommittee conclusions: • Oversight of construction contracts could have been administered more efficiently and effectively • Payment to contractors (time issue) has been a problem • Possible hybrid partnership with both public and non - profit sector in future as Subcontractors Chairman Hruby noted the Subcommittee will review and refine the options with Staff and draft recommendations for presentation to the Board of County Commissioners. 7. STAFF /COMMITTEE MEMBERS: GENERAL COMMENTS (None) NEXT MEETING: Monday, November 14, 2011 at 3:00 PM There being no further business for the good of the County, the meeting adjourned at 4:00 PM by order of the Chairman. October 10, 2011 Collier County Affordable Housing Advisory Committee The foregoing Minutes were approved by Board/Committee Chair on JHq !( 2011, "as submitted" [)C] OR "as amended" [_].