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Agenda 03/22/2016 Item #11D 3/22/2016 11.D. EXECUTIVE SUMMARY Recommendation to approve a resolution for a technical revision to the Collier County State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 13/14-15/16 revising the purchase assistance program and providing clarifying language. OBJECTIVE: Promote affordable housing with development and technical revision of local program strategies under the SHIP program. CONSIDERATIONS: On July 7, 1992 the William E. Sadowski Affordable Housing Act was signed into law to provide funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing.Under the SHIP program Collier County and City of Naples receive funds from the State to provide initiatives to expand affordable housing opportunities.The 2013- 2016 LHAP was most recently amended December 8,2015 (16.D.22).The LHAP identifies various methods, or strategies,by which the funds will be allocated and disbursed. This proposed revision to the FY 2013-2016 LHAP will serve as a guideline for the remaining allocation of SHIP funds. On December 8, 2015, Community and Human Services proposed to amend the LHAP and specifically providing for a tiered purchase assistance award up to a maximum of$50,000 depending upon income level. Currently the LHAP allows for a $20,000 level award at all income levels, with an additional $5,000 for essential services personnel. The Board chose to postpone review of the purchase assistance strategy to the scheduled Affordable Housing workshop. Staff presented three options at the workshop as follows(assumes$1M funding less 10%admin): ts—■ Option 1: Level Option 2:Tiered Option 3: Gap Financing ($300,000 min) ($300,000 min) ($300,000 max) Income Category Award Est. Award Est. Award Est. Amount* Families Amount* Families Amount* Families Extremely/Very $35,000 8-9 $50,000 6 $Need 6 Low Income (up to 50%AMI) Low Income $35,000 8-9 $30,000 10 $Need 10 (50.1-80%AMI) Moderate Income $35,000 8-9 $20,000 15 $Need 15 (80.1-120%)** *The additional$5,000 will still be available for Essential Services Personnel **This program is not allowed to serve those over 120%,and the amount is limited in this income category On March 1, 2016, at the workshop, the commissioners advised CHS to present the tiered strategy for Board approval.Under guidance from the SHIP technical advisor and board direction, it is recommended to tier funding amounts as noted above. There are several reasons for this recommendation. First, 60% of the funding must be spent on those earning 80% of the AMI or lower, and a minimum of half of that must be spent on those earning 30% of the AMI or less. Second, this approach optimizes the number of households in the moderate level that can be served. Third, as housing prices have risen dramatically in recent years, even with the amount of assistance currently provided, the cost of homes in Collier County exceeds the affordable limit for many in our community. This means that bank loans have become unavailable for these households. Increasing the funding assistance makes homes more affordable and allows for consistency with Housing and Urban t"--\ Development's standard approach that housing is affordable when housing costs are less than 30% of Packet Page-229- 3/22/2016 11.D. annual gross income. Finally, increasing the amount of award allows Collier to spend the funds in a timely manner. In addition, the technical changes included adding the option to have a subrecipient run the Purchase Assistance program and clarification on the definition of Essential Services Personnel. The proposed technical revisions were approved by the Florida Housing Financing Corporation on March 9, 2016. The SHIP program also requires the Board of County Commissioners to approve, by Resolution, any revisions to the LHAP. FISCAL IMPACT: Submission of the Local Housing Assistance Plan revision allows Collier County to expend funds for the fiscal years identified in this plan. SHIP grant funds reside in SHIP Fund 791, Project 33258 (FY 13-14), 33331 (FY 14-15), and 33429 (FY 15-16). GROWTH MANAGEMENT IMPACT:, The LHAP revision will allow the County to expand the affordable housing opportunities of its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves technical revisions to the SHIP Local Housing Assistance Plan and authorizes the Chairwoman to sign a Resolution revising the SHIP LHAP for fiscal years 2013-2014,2014-2015,2015-2016. PREPARED BY: Raynesha Hudnell, Grants Coordinator, Community and Human Services Attachments: 1)Revised LHAP 2)Resolution 3)Exhibits: A-B-C-D-F-G-H Packet Page -230- 3/22/2016 11 .D. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. Item Summary: Recommendation to approve a resolution for a technical revision to the Collier County State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 13/14-15/16 revising the purchase assistance program and providing clarifying language. (Kimberley Grant, Community and Human Services Director) Meeting Date: 3/22/2016 Prepared By Name: HudnellRaynesha Title: Grants Coordinator,Community&Human Services 3/9/2016 1:35:45 PM Submitted by Title: Grants Coordinator, Community&Human Services Name: HudnellRaynesha 3/9/2016 1:35:46 PM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Community& Human Services Date: 3/9/2016 6:48:07 PM Name: GrantKimberley Title: Division Director-Cmnty&Human Svc, Community&Human Services Date: 3/10/2016 2:00:26 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/10/2016 3:50:24 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/10/2016 4:07:38 PM Packet Page -231- 3/22/2016 11 .D. Name: LopezMaggie Title: Accountant, Senior,Community&Human Services Date: 3/11/2016 7:02:04 AM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 3/11/2016 9:47:16 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 3/11/2016 10:55:52 AM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 3/11/2016 12:38:04 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/14/2016 8:22:34 AM Name: StanleyTherese �-. Title: Manager-Grants Compliance, Grants Management Office Date: 3/14/2016 9:54:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/14/2016 1:55:47 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/15/2016 11:56:55 AM Packet Page -232- 3/22/2016 11 .D. COLLIER COUNTY AND CITY of NAPLES "40. Sf F1 DR STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN(LHAP) FISCAL YEARS COVERED 2013-14, 2014-15 and 2015-16 ADOPTED BY RESOLUTION: 2013-94 Amended by Resolution: 2015-257 Community and Human Services Public Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 www.colliergov.net (..1 Packet Page -233- P mow 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 •-•\ Table of Contents Page No. Section I. Program Description Purpose of the Program 3 Purchase Price Limits 4 Section II. Strategies Purchase Assistance 7 Disaster Relief 1-811 Owner Occupied Rehabilitation 4213 Rental Rehabilitation -1416 Rental Acquisition 4-718 Section III. LHAP Incentive Strategies Expedited Permitting -1-920 Ongoing Review 1-920 Increased Density for Affordable Housing 2021 Inventory of Locally Owned Public Lands Suitable for Affordable Housing 2021 Section IV. Exhibits Administrative Budget 2223 Timeline 2324 I-Iousing Delivery Goals 2627 Certification 2930 County Resolution 34-32 Program Information 3434 Ordinance 3435 Inter-local Agreement 4039 2 4tV: —__ Packet Page -234- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:tune 23,2015 Revision Date:December 8,2015 � 1 PROGRAM DESCRIPTION: A. Name of the participating local government: Collier County Board of County Commissioners and Interlocal Agreement with: City of Naples A copy of the Interlocal Agreement is attached as: Exhibit H. B. Purpose of the program: Creation of the Local Housing Assistance Plan(LHAP) is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2013-14; 2014-15; 2015-16 D. Governance: The County has established their SHIP Program in accordance with Section 420.907 9079, Florida Statutes and Chapter 67-37 Florida Administrative Code. The County SHIP Program does further the housing element of the Collier County Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: The County SHIP Program encourages building active partnerships between government, lenders,builders and developers, real estate professionals, advocates for low-income persons and community groups. F. Leveraging: The County Local Housing Assistance Plan increases the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs, including local match to obtain federal housing grants or programs. G. Public Input: The Affordable Housing Advisory Committee public meetings are advertised, open to the public and may be televised; attendees are welcome to speak. Public input is 3 Packet Page -235- 3/22/2016 11 .D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 also solicited through the local newspaper when advertising the Notice of Funding Availability and the County website and Board Agenda when noticing the Local Housing Assistance Plan and Annual Report. Staff additionally request input from housing providers, social service agencies, and local lenders and realtors throughout the year. H. Advertising and Outreach: Collier County advertises with a Notice of Funding Availability in the local newspaper of general circulation serving ethnic and diverse neighborhoods and the County website, at least 30 days before the beginning of the application period unless there is no funding available due to a waiting list. I. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Collier County also offers information and referral services to local support service organization including, but not limited to homebuyer pre-purchase classes, credit counseling,tenant counseling and transportation. K. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: Independent Study(copy attached) X U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts: Exhibit C L. Income Limits,Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the 4 Packet Page -236- 3/22/2016 11.D. Adoption Date;Apra ta,Luis Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 households as indicated in Sections 420.9071 F.S. However it is not the intent to /-1 limit an individual household's ability to devote more than 30% of its income for 1 housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. Any exceptions to the ratios must be approved by the Community and Human Services Director. M. Welfare Transition Program: Should an eligible sponsor be used, the County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, this includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: In the case of rental housing,the County shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance, whichever .-. is longer, unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: A detailed listing of the line-item budget for proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted in the LHAP. Collier County and the City of Naples finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body fords, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." 5 Packet Page -237- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code,further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The County and City have adopted the above findings in the attached resolution, Exhibit E. P. Program Administration: Administration of the local housing assistance plan is the responsibility of Collier County. Should a third party entity or consultant contract for all of part of the administrative or other functions of the program the County will provide in detail the duties,qualification and selection criteria. Q. Essential Service Personnel: Counties and eligible municipalities are required to include a definition of Essential Services Personnel as noted in Rule Chapter 67-37.002(8) F.A.C., Chapter 67- 37.005(10),F.A.C. and Section 420.9075(3), F.S. Collier County's definition of "Essential Service Personnel" includes, but is not limited to, teachers and educators, other school district, community college, university employees, police and fire personnel, health care personnel, and skilled building trade personnel. R. Section 420.9075(3)(d), F.S.: Innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance. Provide a brief description as required: Collier County Homeownership Education classes provide curriculum on cost cutting measures that homeowners can use to reduce energy consumption. Collier County also encourages the use or inclusion, when appropriate, of the following: energy star appliances; low-E windows; additional insulation (for increased R- value); ceramic tile; tank-less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; impact resistant windows and doors. 6 Packet Page -238- 0 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 13.2015 ( 1 H. LHAP HOUSING STRATEGIES: a) Purchase Assistance Code 2 b) Summary of the Strategy: The Collier County Purchase Assistance Program is designed to assist first-time, homebuyers with the purchase of a new or existing single family home or condominium. A first-time homebuyer is an individual or spouse who has not owned a home in the last three (3) years. Exceptions are made for a displaced homemaker or single parent with children under eighteen (18) years of age who have been divorced or displaced. Funding, which is provided as a second or subordinate mortgage loan, may be used for down payment, closing costs and principal buy-down as needed for affordable home ownership. SHIP funds may be used in conjunction with a first mortgage loan obtained from a participating lender, not-for-profit developer, Florida Housing Finance Corporation's Bond Program or Rural Development. c) State Fiscal Years Covered: 2013-14,2014-15, 2015-16 d) Income Categories to be served: Applicants assisted must be income certified as extremely low, very low, low, and moderate income, including persons with special needs as defined in Florida Administrative Code, 67-37.002 Definitions (21) Persons Who Have Special Housing Needs. e) Maximum Award: The maximum award is: • Extremely and Very Low income—up to $50,000.00 • Low Income—up to$30,000.00 • Moderate Income—up to $20,000.00 will !°. . .. - . '_ - ".,".fie. In the event that another funding source, such as CDBG or HOME is used in conjunction with SHIP, the total amount of assistance from all sources will not exceed the maximum award as stated herein. An additional $5,000 in SHIP funds may be awarded to teachers and educators, other school district, community college, university employees, police and fire personnel, health care personnel, and skilled building trade personnel. a , - . - • - -- - . . -- f) Terms, Recapture and Default: Funds are secured with a recorded fifteen (15) year, zero 0% interest, and deferred payment second mortgage loan and note forgiven at the end of the 15 7 Packet Page -239- 3/22/2016 11.D. Adoption Date:April 2'3,2013 Revision Date:April 8,2014 • Revision Date:June 23,2015 Revision Date:December 8.2015 year period if all conditions have been met. The County will take a third position if FHFC funds are used in addition to SHIP or at the discretion of the DepeAnient Division Director. Monthly payments are not required. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the "Subordination Policy". 4. Home is no longer primary residence, or is leased or rented. In the event that all mortgage holders are deceased, the loan will be forgiven. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. The County has determined the following terms and provisions for program income versus recaptured funds: All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. g) Recipient Selection Criteria: An applicant may submit a completed application for Housing Assistance to the County or the selected sponor(s) for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Applications are processed on a first received, first qualified (income and lender approved), first served by income category. Funds will be reserved and awarded to applicants that have met all of the County and State requirements, are SHIP Income Certified and have a mortgage loan approval from a participating Lender. in the event there are more applications than can be processed due to lack of funding, a waiting list will be maintained. Applications will be sorted by income category; extremely low,very low, low or moderate. Applicants will be placed on the appropriate income category list in numerical order. As funding becomes available for a specific income category, the applicant with the lowest number within that category will be contacted and processed. Applicants must attend a County HUD approved Homeowner Education Program 8 Packet Page -240- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April B,2014 Revision Date:June 23,2015 Revision Date:December B.2015 and provide a copy of the certificate to the Dee Division. The Certificate must be dated within one year of County application date. h) Sponsor Selection Criteria: The County will issue a Request for Proposals/Application for Purchase Assistance Project Management from non-profit/for profit organizations. Organizations are to provide the Application intake and income certification of households applying for Purchase Assistance. Organizations must submit the proposal as outlined in the RFP/Application and initially provide information including, but not limited to, application intake process, income certification process, prior Purchase Assistance and/or income certification experience with references. Additional information to be obtained will include resumes, project management oversight, prior agreements., accounting and financial information for project tracking and payment, organization experience, audit reports, financial statements, for evaluation of sponsor eligibility. Non-profit / for profit housing providers will be evaluated competitively using established evaluation and selection criteria. CHS staff will evaluate each application submitted. In the initial phase staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in-depth review of the following: • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation i) Additional Information: i. Units assisted must be within the incorporated or unincorporated area of Collier County. ii. Mobile or manufactured homes are not a category of eligible housing for the County at this time. iii. Completion of the Homebuyer Education Program is mandatory prior to closing. iv. First mortgage must be at a fixed rate; no ARM's, prepayment /'" 9 Packet Page -241- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 penalty, negative amortizations, balloon loan, owner financing or other non-affordable loan terms are allowed. v. Financial Institutions must be approved by the County in order to participate in the SHIP Program. _L. l0 Packet Page -242 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 A. Disaster Relief Grant Assistance Code 5 a.) Summary of the Strategy: The Disaster Strategy provides assistance to households following a disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a disaster using any funds that have not yet been encumbered or additional disaster funds issued by Florida Housing Finance Corporation. SHIP disaster funds may be used for items such as,but not limited to: • Tree and debris removal to make individual housing units habitable; • Interim repairs to avoid further damage to home; • Emergency supplies to weather proof damaged home; • Building permits; • Post disaster assistance with non-insured repairs; • Insurance deductibles; • Expenses to prevent flooding of home such as sand bags, sand, pump, rental, etc.; and • Construction of wells or repair of existing wells where public water is not available. b.) Fiscal Years Covered: 2013-14,2014-15, 2015-16 c.) Income Categories to be served: Very low, low and moderate-income households and persons with special needs as defined in Florida Administrative Code,67-37.002 Definitions(21) Persons Who Have Special Housing Needs. d.) Maximum Award: The maximum award amount is $30,000.00 $50, 00 per household. Specific award information is located in the Housing Delivery Goals Charts at Exhibit C. e.) Terms, Recapture and Default: All SHIP funds provided to eligible households will be in the form of a grant and not subject to recapture. Persons that qualify for SHIP assistance will be required to sign a grant agreement, contractually agreeing to all SHIP program guidelines Applicants will be required to complete an application for Housing Assistance and provide documentation as required for income certification. If authorized by Florida Housing Finance Corporation, the County will utilize the Corporation's DISASTER SELF-CERTIFICATION OF INCOME FORM. f.) Recipient Selection Criteria: The household assisted must be certified as very low, low or moderate-income and located in Collier County. 11 Packet Page -243- � 3/22/2016 11.D. Adoption Date:April zs,to is Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 g.) Completed applications from affected homeowners will be accepted on a first received,first served basis by income category and processed expediently. h.) Applicants are required to provide all documentation requested for income and eligibility determination, i.) The unit assisted must be owner-occupied and homesteaded as the primary residence. j.) Sponsor Selection Criteria: Not applicable k.) Additional Information: SHIP funds at all times must be used for eligible applicants and eligible housing. SHIP disaster funds may not be used for the purchase or rehabilitation of mobile homes unless authorized within the Executive Order. 12 Packet Page -244- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 C. Name of the Strategy: Owner-Occupied Rehabilitation Code 3 a) Summary of the Strategy: The program is designed to assist income eligible homeowners that own and occupy their home by providing SHIP funds to assist with necessary repairs to correct code violations or emergency repairs that impact their health, safety and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County. Loans for assistance may include costs related to all eligible repairs, inspections, work write-ups, and closing costs. b) Fiscal Years Covered: 2013/14; 2014/15; 2015/16. c) income Categories to be served: Applicants assisted must be income certified as extremely low, very low, low and moderate income which includes persons with Special Needs as defined in Florida Administrative Code, 67-37.002 Definitions (21) Persons Who Have Special Housing Needs. tTh. d) Maximum award: Maximum award of up to $30,000. e) Terms of the award; Recapture and Default: Funds will be secured with a recorded fifteen (15) year, 0% interest, deferred subordinate mortgage on the property in the amount of the subsidy used in the project. If all conditions of the loan are met, one-third of the loan will be forgiven in five year increments so that at the end of the fifteenth year the loan is forgiven. Monthly payments are not required. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan that is outlined in the County's"Short Sale Policy". 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including.foreclosure or Deed in Lieu. 3. Refinance; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a 13 Packet Page -245- '`a 3/22/2016 11.D. Adoption Date:April Z3,2(113 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8,2015 lower fixed rate with no cash out in accordance with the "Subordination Policy" 4. Home is no longer primary residence, abandoned, leased or rented. In the event that all mortgage holders are deceased, the loan will be forgiven. All funds are deposited into the Local Housing Trust Fund and reported as Program Income or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual Reporting purposes. f.) Recipient Selection Criteria: An applicant may submit a completed application for SHIP Owner-Occupied Rehabilitation to the County/Sponsor for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility and qualification determination. Applications are processed on a first come served, first qualified, by income category basis. Applicants will receive a pre-approval letter and their file will be submitted to the Sponsor for unit eligibility. Persons that qualify for SHIP assistance will be required to contractually agree to all SHIP program guidelines, County SHIP mortgage requirements, repayment provisions, and certify that the unit assisted will be their primary residence. g.) Sponsor Selection Criteria and duties, if applicable: The County will issue a Request for Proposals requesting applications for Construction Management services from non-profit organizations. Organization to provide the Application intake and certification of households applying for Owner Occupied Rehabilitation. Organizations must submit the proposal as outlined in the RFP and initially provide information including, but not limited to, application intake process, income certification, contractor and bid process or prior rehabilitation and/or income certification experience with references. Additional information will be obtain such as resumes, construction oversight, construction agreements, accounting and financial information for project tracking and payment, organization experience, audit reports, financial statements, and income documentation for evaluation of sponsor eligibility. h.) However, the County at its option may procure the services of a non- profit Sponsor to administer all or a portion of the Owner Occupied Rehabilitation Strategy. 14 Packet Page -246- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 Additional Information: Mobile or manufactured homes are not a category of eligible housing for the County at this time. tTh 15 Packet Page -247- ItY 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8,2015 D. Name of the Strateay: Rental Rehabilitation Code 14 a.) Summary of the Strategy: The program is designed to rehabilitate rental units within Collier County. The rental units will serve very-low, low and moderate income households with a preference for applicants with special housing needs as defined in s.420.0004, Florida Statutes. Loans will be given to non-profit /for-profit housing providers who have site control and ownership of the properties to rehabilitate existing single family rental units on scattered sites or a rental complex located in Collier County. Assistance may be provided for large projects involving the repair of multiple rental units. Individual tenants seeking repairs on their individual rental units may not directly apply for assistance from this strategy. The SHIP funds used in the rehabilitation rental program may be leveraged by public and private sources. b.) Fiscal Years Covered: 2013-14, 2014-15,and 2015-16. c.) Income Categories to be served: Provide housing to very-low, low and moderate income households on a first come, first serve basis. d.) Maximum award: Maximum rehabilitation loan to non-profit/ for-profit provider shall not exceed $500,000 per property. Maximum per unit award amount is $30,000. e.) Terms of Repayment: Funds will be made available by loans secured by a second subordinate mortgage placed on the property rehabilitated. Loans will be given for a maximum term of fifteen (15) years. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the property owner (not-for-profit or for profit) may contact the County regarding a settlement amount of the SHIP loan. 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the "Subordination Policy". 16 Packet Page -248- 3/22/2016 11 .D. Adoption Date:April 2:i,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8,2015 4. Property will no longer serve the intended target population. Repaid funds are considered program income, a portion of which may be used for program administration. Units will be monitored for a period of fifteen (15) years per Rule Chapter 67- 37 of the Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075(4)(f) Florida Statutes. f.) Recipient Selection Criteria: Non-profit/for-profit providers will be required to income qualify all tenants in accordance with SHIP regulations. Priority for projects will be given to those who serve Special Needs as defined by s.420.0004, Florida Statutes. g.) Sponsor Selection Criteria: Non-profit / for profit housing providers will be evaluated competitively using established evaluation and selection criteria. CHS staff will evaluate each application submitted. In the initial phase staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in-depth review of the ,..� following: • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation h.) Additional Information: Once the improvements are completed, the developer/sponsor shall ensure all eligible tenants will be income qualified that must occupy the units on subject property during the fifteen year loan term. E. Name of the Strategy: Rental Acquisition Code 20 17 Packet Page -249- 3/22/2016 11.D. Adoption Dale:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8,2015 a.) Summary of the Strategy: The program is designed to acquire, acquire and rehabilitate or acquire and construct rental units within Collier County. The rental units will serve very-low, low and moderate income households with a preference for applicants with special housing needs as defined in s.420.0004, Florida Statutes. Loans will be given to non-profit /for-profit housing providers to acquire and rehabilitate existing single family rental units on scattered sites or a rental complex located in Collier County. The SHIP funds used in the acquisition and/or rehabilitation rental program may be leveraged by public and private sources. b.) Fiscal Years Covered: 2013-14, 2014-15, and 2015-16. c.) Income Categories to be served: Provide housing to very-low, low and moderate income households on a first come, first serve basis. d.) Maximum award: Funds to rehabilitate shall not exceed $30,000 per unit. Maximum acquisition loan to non-profit/ for-profit provider shall not exceed $300,000 per rental property. e.) Terms of Repayment: Acquisition funds will be secured with a recorded fifteen (15) year, zero 0% interest, deferred subordinate mortgage on the property in the amount of the subsidy used in the project. If all conditions of the loan are met, so that at the end of the fifteenth year the loan is forgiven. Monthly payments are not required. Acquisition loans will be required to be repaid under the following conditions: 1. Sale; if proceeds are not sufficient to pay off the mortgage note then the property owner (not-for-profit or for profit) may contact the County regarding a settlement amount of the SHIP loan . 2. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 3. Refinance; a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate with no cash out in accordance with the"Subordination Policy". 4. Property will no longer serve the intended target population. Repaid finds are considered program income, a portion of which may be used for program administration. 18 e• Packet Page -250- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 Units will be monitored for a period of fifteen (15) years per Rule Chapter 67-37 of the Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075(4)(f) Florida Statutes. f.) Recipient Selection Criteria: As part of leasing up the renovated units, non- profit/for-profit providers will be required to income qualify all tenants in accordance with SHIP regulations. Priority will be given to those tenant applicants who meet the special needs criteria and are income eligible. g.) Sponsor Selection Criteria: A non-profit / for profit housing provider will be evaluated competitively using established evaluation and selection criteria. CHS staff will evaluate each application submitted. In the initial phase staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in-depth review of the following: • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation h.) Additional Information: Once the improvements are completed, the developer/sponsor shall ensure all eligible tenants will be income qualified that must occupy the units on subject property during the fifteen year long term. III. LHAP INCENTIVE STRATEGIES: In addition to Strategy A and Strategy B, include all adopted incentives with the policies and procedures used daily for implementation as provided in Section 420.9076, F.S.: 19 Packet Page-251- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 Name of the Strategy: Expedited Permitting Collier County will expedite permits as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects to a greater degree than other projects. Affordable housing projects will be identified as those projects assisted with state or federal housing funds. a. Provide a description of the procedures used to implement this strategy: Collier County Board of County Commissioners adopted Resolution No.2007-176 on July 24, 2007, superseding and replacing Resolution 2005-408, amending the procedures for expediting the development review process for qualified affordable-workforce housing including community workforce housing innovation program(CWHIP)projects. Initially, a qualification meeting is called with the developer and staff to determine if the project meets the affordable housing requirements. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. Planning and Zoning will provide expedited status by assisting these developments first throughout the process from application through Certificate of Occupancy. In 2010-2011, Collier County refined the building permit process and performance measures were developed to facilitate the expedited performance and allow the county to closely monitor its performance and adherence to this policy. The current building permit process is 5, 10, 15 days, however single family permits that are using state or federal funding will be moved to the top of the permit process queue. Name of the Strategy: Ongoing Review Process Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary. a.) Provide a description of the procedures used to implement this strategy: The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory Committee regularly forms subcommittees to review impediments to affordable housing, as well as new affordable housing incentives. Name of the Strategy: Increased Density for Affordable Housing Collier County allows developers to request increased density when including a certain percentage of affordable housing in the proposed development. 20 Packet Page -252- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 a.) Provide a description of the procedures used to implement this strategy: An Affordable Housing Density Bonus Agreement must be submitted and approved by the Collier County Board of County Commissioners as provided for in the Collier County Land Development Code, ss. 2.06.00. Name of the Strategy: Inventory of Locally Owned Public Lands Suitable for Affordable Housing. a. Provide a description of the procedures used to implement this strategy: Collier County prepares an inventory of all real property owned by Collier County that may be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every three years. Collier County Resolution No. 2007-172, adopted June 26, 2007, permits properties identified as appropriate for use as affordable housing may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. 21 Packet Page-253- 3/22/2016 11.D. Adoption Date:April 23,2013 Revision Date:April 8,2014 Revision Date:June 23,2015 Revision Date:December 8.2015 """., IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005, T.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as Exhibit D. E. Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit G. I I. Interlocal Agreement:A copy of the Interlocal Agreement if applicable is attached as Exhibit H. 22 Packet Page -254- 3/22/2016 11 .D. RESOLUTION No.2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REVISING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013-2014, 2014-2015 AND 2015- 2016, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; REVISING THE PURCHASE ASSISTANCE STRATEGY. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 , Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS,the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907- 420.9079, Florida Statutes, and Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used;and WHEREAS, the SHIP Act requires local governments to revise their Local Housing Assistance Plan when a technical revision is made to a local housing assistance strategy; and WHEREAS,the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907- 420.9079, Florida Statutes (1992), and Chapter 67-37, Florida Administrative Code, requires local governments to forward technical revisions to their Local Housing Assistance Plans to the Florida Housing Finance Corporation for review;and WHEREAS, the Community and Human Services Division has prepared and revised 2013-2016 Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners finds that it is in the best interest of the citizens of Collier County for it to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds with administrative costs paid from moneys deposited into the local housing assistance trust fund. 32 Packet Page -255- 3/22/2016 11.D. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: Section 1: The Housing Delivery Goals Chart of the 2013-2016 LHAP has been updated to reflect changes to current strategy. Section 2: Revise Purchase Assistance Strategy by increasing funding up to $50,000.00 depending on income level. Section 4: This resolution shall take effect immediately upon its adoption. This Resolution adopted this day of , 2016, after motion second and majority in favor of passage. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala DISTRICT 1 COMMISSIONER Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney �\1 (i) 33 Packet Page -256- 3/22/2016 11 .D. Exhibit A ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Amended 2014 Exhibit A rebfliary 2014 Administrative Budget 67-37.005(1),F.A.S. Total Allowable Admin to he paid from a source other than SHIP funds Administration Collier County Fiscal Year Distribution:2013-2014 $ 567,140.00 $ 17,014.20 3% $ 250,000;00 $ 12,500.00 5% Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops,etc $ 2,000.00 Advertising $ 1,000.00 Other Contractual Services $ - Total Administration Cost $ 99,000.00 $ 29,514.20 $ 69,485.80' Fiscal Year Distribution:2014.2015 $ 1,641,330,00: $ 164,13300 10% $ 455,461.89 $ 22,773.09 5% Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops,etc $ 1,500.00 Advertising $ 1,000.00 Other Contractual Services Total Administration Cost $ 98,500.00 $ 186,906.09 $ , (8140609). Fiscal Year Distribution:2015-2016 $ 1,636,46100 $ 163,646.60 10% $ 400,000.00 $ 20,000.00 5% 'Salaries and Benefits $ 95,000.00 Office Supplies and Equipment $ 1,000.00 Travel Perdiem Workshops,etc S 1,500.00 Advertising $ 1,000.00 Other Contractual Services Total Administration Cost $ 98,500,00 $ 183,646.60 1 $ (85,146:60)1 �\ Actual State Distribution Anticipated State Distribution $ (104,066:89) Anticipated Program Income 23 Packet Page -257- 3/22/2016 11.D. ^. m m ! D D D D .ro p D m 3 ro 3 m c j . O 3 '. ] F E. 0 9 - = . D = K O m < i - c 7 z 3 3 0 '1, ::roVm m A d W M v g: d' o' V C Q' 3 v V 5 3 3 a a 3'm 13. to s• E w m 5 .6- 3 ,o g p ro 6 5 ,o„ n •9_ x m o d m, < 5. 0 x w c c o g o a x o:.4 o 4 N O, 3 y O A ^ M ID C r Zg _ C 3 S o 3 0. " m m ^ -t a o w < 4 o C7 N .it g 7 N x x N V n N Q N 4 O N .■.�....■.■.■■..©.. 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C, 0 oi S. . ! -i2 1 532: 40 fdl fis * ?4 0 0 0 0 . 0 1,/, 0 - a 0 0 4? a 10 4-4 0 S. 8 8 8 -0 g g e :-.. . 1111111111 , - ,;.i 0 1 ' ■ ' a 4< lig 11111111011 11111111111 1 , o >, . .,,, 1 co ;11 I 2 a c,1 2 Q ; I M Te4 g a 3 r ,,': m 111111111111111111 ii (0, , 02 .k co a ,, a S I 7 0 o im 1 r 1.1 E a c., S a c I I i 1 . a a F: T ! 0 .. 2 : cn 1 I 2. 9 1. P 1 , . a 1" 11111111111111111110 X n a x =,,, . il g. I , I T, 0.4 > F 5-0 p>, 0 — 43 t, 8' °R. r. 5' T o, o, .., a. m 1 , 1 ' 1 o 8 2 8 i 8 S 0 - > 1 to lo 1 . 1 141 11111111111111111111 1 I . m a n 0 . c m o 5" I = 1 Ili 11111111 111111 111 f. , I 0 0 a .a. a t a c r (74 1 I I o V- I , a, ro Packet Page -263- " ° ° ° ° " 3/22/2016 11 .D. LHAP Exhibit 13 2013 67-37.005(1), ' I CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (1) The local government will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will he no discrimination on the basis of race,creed, religion,color,age,sex, familial or marital status, handicap,or national origin. (3) A process for selection of recipients for Binds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if,at any lime,the local government(or interlocal entity)will be unable to comply with the provisions the plan, (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received, (8) The plan conforms to the Local Government Comprehensive Plan,or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan, (9) Amendments and Technical Revisions to the approved Local (-lousing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (I I) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue hind in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year, ` . 30 E� Packet Page -264- t , 3/22/2016 11 .D. LHAP Exhibit I)2013 67-37,005(1),F,A.C. • (13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year,and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (1 5) Developers receiving assistance from both S1-11P and the Low income Housing Tax Credit (LIIITC) Program shall comply with the income, affordability and other LIHTC requirements.Similarly,any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (1 6i) Loans shall be provided for periods not exceeding 30 years,except for deferred payment loans or loans that extend beyond 31)years which continue to service eligible persons. (17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), Florida Statutes. (18) The Plan meets the requirements of Sections 420.907-420.9079 Florida Statutes,and Chapter 67-37 FAC,and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida have not been implemented, (except rue Miami Dadc CuunEy) BOARD OF COUNTY OMMISSIONERS DWIGHT E. BROCK,CVERK. OF CO LIER COUNT ,FLORIDA • lit st as to ,.a t'ttl•y ',PUTT(C . l .C'°"'` G sr�' t A A HILLER,ESQ. Signature only, �_, C. AIRWOMAN pc./03/.2013 Approval as to form and legal Sufficiency: Jennifer B. White Assistant County Attorney 2 31 Packet Page -265- 3/22/2016 11 .D. IAIAP Exhibit F 2013 67-37.00S(1),F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROGRAM INFORMATION SHEET The following information must be furnished to the Corporation before any funds can be disbursed. Local Government Collier County Government Chief Elected Official Chairman,Donna Fiala Address 3299 Tamiami Trail East, Naples,Florida 34112 SHIP Administrator Kristi Sonniag,Manager Federal/State Grants Address 3339 E.Tamiami Trail, Suite 211,Naples,Florida 34112 Telephone 239-252-2486 EMAIL Krist icraov.nei Alternate SHIP Contact Raynesha l-ludnell,Grant Coordinator Telephone 239-252-5312 EMAIL Ravne.shatludnell@collierizov.net 11thcolliereov.iiet r•—■ Intcrlocal Agreement (list other local City of Naples governments in interlocal) Local Government Employer Federal ID# 85-8015966531C-1 Disbursement (list bank account information if changed from previous) Other Information Kimberley Grant,Interim Director KimberlevGraint(ii CoIIierrov,net 34 Packet Page -266- 3/22/2016 11.D. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COIVTIVIISSIONERS OF COLLIER COUNTY,FLORIDA, that: SECTION ONE Title and Citation. This Ordinance shall be known and cited as the "Collier County SHIP Local Housing Assistance Program Ordinance". SECTION TWO: Definitions. For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter 420.9071 and Rule 67-37.002, Florida Administrative Code,as they may be amended or replaced from time to time,are adopted herein by reference. SECTION THREE: Establishment of the Local Housing Assistance Program. The Local Housing Assistance Program is hereby created and established to implement the requirements of Florida Statutes, Section 420.907 and Rule 67-37, Florida Administrative Code,adopted herein by reference, as they may be amended or replaced from time to time, The County shall implement the program within the unincorporated boundaries of Collier County and may enter into an interlocal agreement with municipalities. The strategies of the program will be set forth in the County's SHIP local housing assistance plan. SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund. Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal accounting office of the County as originally established on April 13, 1993, by Ordinance No. 93-19, The County's local housing assistance trust fund shall be separately stated as a special revenue fund in the county's audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency. All moneys received from the state pursuant to the State Housing Initiative Partnership (SHIP] Program and any other funds received or budgeted to provide funding for the Local Housing Assistance Program shall be deposited into the Collier County Local Housing Assistance Trust Fund. 2013 Collier County SHIP L6caI Housing Assistance Program Ordinance r 35 Packet Page -267- 3/22/2016 11 .D. SECTION FIVE: Designation of responsibility for implementation. The Director of the County's Department of Housing, Human and Veterans Services shall be primarily responsible for implementation and administration of the local housing assistance program. SECTION SIX: Establishment of an Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee is created and established in accordance with Florida Statutes, Section 420.9076 and County Ordinance No, 01-55, Standards for The Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes, Section 420.9076 shall apply. Duties of the advisory committee are provided in Florida Statutes, Section 920,9076(2)(a) - (k) adopted herein by reference, as they may be amended or replaced from time to time. �-1 Appointments to the Affordable Housing Advisory Committee will be made in accordance with the membership requirements of Florida Statutes, Section 420.9076, including joint appointments to prepare a joint plan when a participating municipality enters into an interlocal agreement to administer its program. The committee shall consist of eleven (11) members as required by Florida Statutes 420.9076 (l)(a)-(k), appointed by Resolution of the Board of County Commissioners no later than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service shall be for three (3) years or at the discretion of the Board, Terms may be extended for one additional three(3) year term. Six (6) members shall constitute a quorum sufficient to permit the committee to take any formal action. However, if formal action is not taken, the committee may meet to hear presentations with less than a quorum in attendance, if the meeting is duly noticed. A majority of concurring votes of' the entire membership of the committee shall be necessary for a decision or recommendation by the committee. The committee may elect a chairperson or presiding officer. The committee members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms. 2013 Collitr County SHIT'Local limning Assistance Ptograin Ordinance 36 (" Packet Page -268- 3/22/2016 11.D. The committee shall meet at least triennially and submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of; affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a)-(k). The Board of County Commissioners may sunset or suspend meetings of the committee upon submission of the triennial Incentive Report and reconvene no later than March 2 of the year the Incentive Report is due. The committee will be cooperatively staffed by Housing, Human and Veterans Services Department and Planning and Zoning Department staff in accordance with Florida Statutes, Section 420.9076(9). SECTION SEVEN: Repeal of Ordinance No. 93-19,as amended. Ordinance No. 93-19, pertaining to the Collier County Housing Initiatives Partnership Program,and all amendments thereto, is hereby repealed in its entirety. SECTION EIGHT: Repeal of Ordinance No.91-65,as amended. Ordinance No. 91-65, pertaining to the Affordable Housing Committee, and all amendments thereto, is hereby repealed in its entirety. SECTION NINE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such and that the word "ordinance" may be changed to "section," "article,"or other appropriate word or phrase necessary to accomplish such intentions. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Effective date. This Ordinance shall become effective thirty (30) days after its adoption by the Board of County Commissioners. 2U 13 Collin County SHIP Local tioussng Assistance Program Ordinance 37 Packet Page -269- 3/22/2016 11.D. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of_ "v1' L. , 2013. ATTEST:. BOARD Of COUNTY COMMISSIONERS DWIGHWOR69CK,CLERK COL > COUrtTY, FLORIDA .� , '-w ► puty Clerk V eorgia A, Hiller, Esq, AEC 019 ' .. Chairwoman sigh�l .�-on1Y,••,��,r Approved`.0 to'orm and legal sufficiency, Je fer 8. White Assistant County Attorney `1 1,`) Th€s ordinance filed with the c story of 5jntp`Qf _day of r and ncknawted9em I at f) i : aived o 0.4 • 2013 Collier County Sl lIP l.o al Housing Asislimcc Program Ordinance 38 Packet Page -270- 3/22/2016 11 .D. 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 2013-27 which was adopted by the Board of County Commissioners on the 9th day of April, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2013 , DWIGHT E. BROCK ,'" Clerk of Courts- and` Clerk Ex-officio to 136,ak i1) of ti , County Commissiorie�` : (WAt !: . . .j1.0 By: Ann 44' Deputy Clerk r 1 Packet Page -271-- 3/22/2016 11.D. 160 5 COLLIER COUNTY/CITY OF NA PLES INTERLOCAL AGREEMENT STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM THIS INTERLOCAL AGREEMENT (the "Agreement") made and entered into this day of, 4r / , 2013, by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council, WITNESSETHI WHEREAS, Section 420,9072, et seq., Florida Sictutes (the "Stale Housing Initiatives Partnership Program" ("SHIP"), authorizes monies in the Local Government Housing Trust Pond (the "Fund") to be distributed to approved counties and eligible municipalities within the county pursuant to an interlocal Agreement;and WI-IER.EAS, Collier County is an approved county and the City of Naples is an eligible municipality within Collier County;and WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this Agreement;and WHEREAS, the parties have determined that SHIP funds can be more efficiently utilized and managed when the parties work cooperatively to address the community's affordable housing needs, NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. The County and City do hereby agree that the SHIP Program funds as allocated in Section 420,9073, Florida Statutes, are to be distributed to Collier County to administer in conformity with the mutually approved Local Housing Assistance Plan, • INSTR 4032229 OR 4914 PG 1913 RECORDED 5/1/2013 1:05 PM PAGES 4 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC 535.50 39 Packet Page -272- 3/22/2016 11 .D. , f , . 2, Unless earlier terminated pursuant to other provisions of this laterlocal Agreement, the term of this Agreement shall run concurrent with the three-year Local Housing Assistance Finn (the "LHAP") which expires June 30, 2016 and will be automatically renewed with adoption of subsequent LHAPs. 3. The County and City direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the SHIP Program funds in accordance with this Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Agreement, 4, The SHIP Program funds so distributed will be deposited in a single depository trust fund account created and managed by Collier County,Finance Division of the Office of the Clerk of the Circuit Court. 'Flits account shall be known as the Collier County Local Housing Trust Fund (hereinafter referred to as"Local Fund"),to which SE-11P funds arc distributed by the Corporation, The Corporation will be notified of any change in the Local Fund status and the parties agree to have such Local Fund audited annually as required by Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative Code,Since all distributions from the Local Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single Entity Audit of the accounts and records of the County with respect to SHIP revenues and expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP Regulations.The parties hereto agree that the Local Fund may be allocated a pro-rata cost of the independent audit by the County, 5. During the term of this Agreement, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local Fund, 6. Membership to the Affordable Housing Advisory Committee shall be jointly appointed by Resolution of both the County and City to triennially prepare a join( Local Housing Incentive Plan as required by Chapter 420,9076,Florida Statutes, 7, The parties to this Agreement have adopted incentives from the Affordable Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory Committee, amending the Local Housing Assistance Plan accordingly, Both parties understand that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable • 2 40 ca Packet Page -273- 3/22/2016 11.D. ,...-. 1 p n 5 r` housing and agree to cooperate in ensuring that the requirements and spirit ot'the Chapter 420, Florida Statutes is satisfied, h, Neither party shall use any revenues distributed and allocated for purposes other than those authorized by Section 420.907 el sect„ Florida Statutes, or Chapter 67-37, Florida Administrative Code. 9, During the term of this Agreement, any party may give the other party ninety (90)days written notice that it wishes to renegotiate the terms of this Agreement,to be effective on the first day of the next fiscal year, If the parties fall to reach a new agreement prior to the commencement of the next fiscal year, This Agreement shall terminate and be of no further force or effect, and the funds shall he allocated according to population pursuant to Section 420.9072 and Section 420,9073, Florida Statutes. 10. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Local Fund to be used by the Corporation, Both parties acknowledge the SI-11P enabling legislation, the rules promulgated to implement same, and that the Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative Code are incorporated herein as if they were restated, IN WITNESS THEREOF', the parties hereto have caused this Agreement to he executed by their duly authorized officials, •' !' STt,a ,'��,t', BOARD OF CsUNTY CO MISSIONS S Y. 1W1r'i'(;{ ,?,1' OK,+CLEtitC OF Ct IER CO N`fY LOIt1DA " . , a 9 I c C.Icrk 0 or r: A,Hitler,Lsq, A tiis`� Ch ' women signature-rally, Dyla f�o�s Approved ns to Form and legal softie ieney; Jenni v13. Assistant County Attorney �� 'd 3 C.±9! 4'1 Packet Page -274- 3/22/2016 11.D. 160 ATTEST: CITY OF NAPLES,a Municipal on In 0.t., Corporation • % „ • 'A... /0 BY: ilk _ "knifiGI kViltroS cy Perk lohn F,Sorey III, rayor • .4pm. Approved FiStiro form and legal sufficiency! Robert I),PL.!,City Attorney • 4 • • : 42 Packet Page -275-