Backup Documents 03/27/2018 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 p 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS E S OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document, The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing fines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Susan Golden Community and Human
Services - qalAg
2. Jennifer Belpedio County Attorney Office
3. BCC Office Board of County AS biS 3�8. /$,
Commissioners J( jS
4. Minutes and Records Clerk of Court's Office 3I-/t8 07:SvP"`
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Susan Golden/CHS Phone Number 252-2336
Contact/ Depat Brent
Agenda Date Item was 03/27/18 ✓ Agenda item Number 16.D.3. f✓
Approved by the BCC
Type of Document Lien Compliance Resolution 1 Number of Original
Attached ((8 Documents Attached 1
PO number or account ✓
number if document is $ . +4-r� Ori
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,wh'-- r-is. Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5-1 d k S ).
If
2. Does the document need to be sent to another agency for additional ,ignatures? yes, NA
provide the Contact Information(Name;Agency;Address; Phone)o • attac -• .:-et.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4, All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SG
document or the final negotiated contract date whichever is applicable. •
6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SG
signature and initials are required.
•
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC 03/27/2018 and all changes made during the SG / isA not
meeting have been incorporated in the attached document. The County Attorney's optxbn fox
Office has reviewed the changes,if applicable. • tips line/
9. Initials of attorney verifying that the attached document is the version approved by the • /A S n.ox
BCC,all changes directed by the BCC have been made,and the document is ready for the an option fo 1
Chairman's signature. 1.10 1:01
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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RESOLUTION NO. 18— 58 r o
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A RESOLUTION OF THE BOARD OF COUNTY 0 o rnv t
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Z ° N 0
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ESTABLISHING PROCEDURES FOR LIEN r n Co
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COMPLIANCE FOR AFFORDABLE HOUSING D X1 D "0
PROGRAMS ADMINISTERED BY THE COLLIER o -13
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COUNTY COMMUNITY AND HUMAN SERVICES rn
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DIVISION. c
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WHEREAS,it is the intent of the Board of County Commissioners of Collier
County, Florida, to increase the amount of affordable housing for its worker force
and residents, and encourage the retention of affordable housing in the County; and
WHEREAS, Objective 1 of the GMP's Housing Element states that the
County will seek to provide new affordable housing units in order to meet the
current and future housing needs of legal residents with very-low, low, moderate
and gap incomes, including households with special needs; and
WHEREAS, in order to address the housing needs of low, moderate, and
gap income persons the County receives funding from State Housing Initiatives
Partnership(SHIP) and U.S.Department of Housing&Urban Development(HUD)
and implements County-initiated programs including Impact Fee Deferral and
Affordable Housing Density Bonus programs; and
WHEREAS, in furtherance of the spirit and intent of Resolution No 2006-
252, this Resolution establishes specific procedures for ensuring compliance with
the liens and mortgages placed upon affordable housing properties and a procedure
to collect on non-compliant homeowners; and
WHEREAS, the SHIP Local Housing Assistance Plan (LHAP), HUD
HOME, Impact Fee Deferral and other programs have default and recapture
provisions for the properties they assist; and
WHEREAS, there is no mechanism in place to collect on non-compliant a�
16D3
liens and mortgages other than foreclosure; and
WHEREAS, many of the noncompliance issues are due to death and
divorce; and
WHEREAS, some non-compliant homeowners have requested a repayment
plan; and
WHEREAS, the Board of County Commissioners wishes to establish a
procedure to ensure the continued compliance of all existing and future affordable
housing programs administered by the Collier County Community and Human
Services Division, and establish a collection procedure.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, as follows:
1. This Resolution implements the intent of Resolution No.2006-252 for
the Community and Human Services Division.
2. The foregoing Recitals are adopted as true and incorporated as part
of this Resolution.
3. The Board of County Commissioners' affordable housing lien
compliance policy, is adopted for immediate use, as follows:
A. Purpose/Scope:The purpose is to establish procedures to provide for
compliance of all State, Federal and locally funded affordable housing and
collection of same.
B. Applicability: These procedures apply to the compliance of all
qualified affordable housing agreements and their default and recapture.Affordable
homeowners did not contemplate divorce or death at the time of their mortgage or
lien. Community and Human Services policy regarding divorce and death is as
follows:
(1) Divorce: In the case of divorce, when one party quit claim deeds their ownership
interest in the home to the other spouse it will not be considered a transfer, and the
16 D3
original owner remaining in the home with a County mortgage or lien will be deemed
in compliance until such time as he/she sells, refinances, converts housing to a rental
property, no longer maintains homestead exemption, or fails to occupy the home as a
primary residence or meets one of the other repayment triggering factors.
(2) Death: In the case of death, if one spouse/owner is deceased and the surviving
spouse/owner remains in the home, the County mortgage or lien will be deemed in
compliance until such time as he/she sells, refinances, is no longer homesteaded, or
triggers one of the other repayment requirements. If both owners are deceased then the
mortgage or lien will be forgiven upon death of both parties.
(3) All other compliance issues:
The CHS Grants Compliance Unit (GCU) will have 12-months to counsel the owners
to come into compliance with the requirements of the affordable housing agreements to
include mortgage, lien(s) and/or security instruments. After all efforts have been
exhausted to bring the owner(s), heirs, or authorized agents into compliance with the
requirements, the CHS Grants Compliance Unit will refer the non-compliant owner(s)
to a County approved collection agency to collect the debt in full or establish a
repayment plan between the owner and collection agency.
In accordance with Resolution No. 2006-252, after two (2)years of effort on the part of
the CHS staff and a collection agency to bring the owner(s) into compliance, the CHS
staff will prepare an Executive Summary and Resolution regarding past due receivables
and bring the matter to the Board of County Commissioners for their review and
determination to exhaust all other legal remedies such as foreclosure.
4. This Resolution is intended to clarify and not supersede existing program
requirements. If there is an express conflict between this Resolution and existing program
requirements, program requirements will prevail.
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THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same this a,-14-4' day of March, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER CO TY, FLORIDA
r._
•
opi1 ► 2 By.
Attest as\6.chairmsoity Clerk Andy Solis,Chairman
signature only.
Approved as to form and legality:
Jennifer Belpedio c6
Assistant County Attorney (�'��
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Item#
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Deputy Clerk