Agenda 04/09/2013 Item #16D2 4/9/2013 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve substantial amendments to the FY2011-2012 and FY2012-2013 Action
Plans for repayment of U.S. Department of Housing and Urban Development (HUD) HOME
Initiative Partnership(HOME) funds for Activity#195 Cirrus Pointe(FY2005-2006), and authorize
necessary budget amendments.
OBJECTIVE: To process substantial amendments to the FY2011-2012 and the FY2012-2013 HUD
Action Plans to reflect repayment of federal grant funds for Project#195 Cirrus Pointe (FY2005-2006).
CONSIDERATIONS: On December 14, 2005, the County and Collier County Housing Development
Corporation (HDC) entered into an Agreement with HDC to use $320,000 of HUD HOME grant funds to
acquire land and develop a multi-family project containing low income housing known as Cirrus Pointe.
On December 21, 2005 a $320,000 check was issued to HDC and it acquired the land. On November 13,
2006, a Second Mortgage and Security Agreement for $320,000 in favor of Cirrus Pointe Partners, LLC
was recorded at OR Book 4137,Page 0159. The Agreement required the project to be complete in 2007.
The HDC did not construct the required housing due to the downturn in the local real estate market. This
caused the County to be in non-compliance of the HOME grant agreement and HUD demanded that the
County repay $320,000. In 2010, the County filed a lawsuit against HDC for breach of contract and
demanded return of the $320,000. On October 12, 2010, HDC executed an Assignment of Promissory
Note and Second Mortgage and Security Agreement in favor of Collier County and the lawsuit was
dismissed by the court.
On April 8, 2011, HUD approved a repayment arrangement where Collier County would accept a
reduction in HOME stipulated funding from HUD for FY2011-2012 and FY2012-2013 in the amount of
$160,000 each year for a total repayment amount of $320,000. On August 4, 2011 a public notice was
published outlining the repayment arrangement. HUD required that notice of the repayment was to be
included in the Action Plans for both FY2011-2012 and FY2012-2013. Such notices were annotated in
both Action Plans which were then announced and made available for public comments. The Actions
Plans were approved by the Board of County Commissioners on July 26, 2011 and July 24, 2012,
respectively.
On October 16, 2012, Collier County received a written notice from HUD with a Request for Voluntary
Reduction for Ineligible Expenditures HOME Program stipulating a change to the original agreement and
advising the County the entire amount of$320,000 would be deducted from FY2012-2013 funds. HUD
has since made the line of credit reduction. This change will impact the availability of HOME program
funds for FY2011-2012 and FY2012-2013.
The proposed substantial amendments increase HOME project funds contained in the FY2011-2012 and
reduce FY2012-2013 HUD Action Plans each by $160,000. The public comment period was from
December 10,2012 to January 10, 2013.No comments were received.
An application for a planned unit development ordinance for the Cirrus Pointe project will be scheduled
for future Board consideration. The County requested HUD's opinion on whether the HOME grant
restrictions remained on the property. HUD stated by electronic communication that "how the County
decides to dispose of, or develop the property is entirely a local matter at this point."
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4/9/2013 16.D.2.
FISCAL IMPACT: The HOME awards for FY2011-2012 and FY2012-2013 with the final payback
adjustments are shown within the table below. The 10% administrative allowance remains granted at the
full awarded amount. A match of 25% or $140,701.78 and $17,129.14 respectively is required on all
project activity and is passed on to the subrecipient(s).
Project 33177 Project 33237
FY 2011-2012 FY 2012-2013
PRIOR HOME Award $662,126.00 $456,777.00
Original Payback Plan ($160,000.00) ($160,000.00)
Original Amended Award $502,126.00 $296,777.00
CURRENT HOME Award $662.126.00 $456,777.00
Revised Payback Plan $0 ($320,000.00)
Final Amended Award $662,126.00 $136,777.00
HHVS Admin $66,212.60 $45,677.70
CHDO* Operating $33,106.30 $22.582.75
Amount Exempt from Match $99,318.90 $68,260.45
Amount Subject to 25%Match $562,807.10 $68.516.55
Match Requirement $140,701.78 $17,129.14
* Community Housing Development Organization
There will be no effect on ad valorem or general fund dollars. Funds are available within the Housing
Grant Fund (705). Budget amendments are necessary to increase funding in FY2011/2012 HOME Project
33177 by $160,000 and decrease funding in FY2012/2013 HOME Project 33237 by $160,000 to align the
financial system to the final amended award amount.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -JBW
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: Approve substantial amendments to the FY2011-2012 and FY2012-2013 HUD
Action Plans to reflect HUD actions taking $320,000 from the FY2012-2013 Action Plan, and authorize
necessary budget amendments.
Prepared By: Elly Soto McKuen, Operations Analyst, Housing, Human and Veteran Services
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4/9/2013 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve a substantial amendment to the FY2011-
2012 and FY2012-2013 Action Plan for repayment of U.S. Department of Housing and Urban
Development (HUD) HOME Initiative Partnership (HOME) funds for Activity#195 Cirrus Pointe
(FY2005-2006), and authorize necessary budget amendments.
Meeting Date: 4/9/2013
Prepared By
Name: McKuenElly
Title: Grant Support Specialist,Housing, Human &Veteran
1/14/2013 10:42:17 AM
Approved By
Name: MesaNancy
Title: Accountant,Housing,Human&Veteran Services
Date: 1/22/2013 10:44:00 AM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 1/23/2013 9:36:41 AM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 2/12/2013 10:40:58 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 2/14/2013 3:47:12 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 2/14/2013 4:09:53 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
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4/9/2013 16.D.2.
Date: 2/15/2013 12:29:37 PM
Amok
Name: Whitejennifer
Title: Assistant County Attorney,County Attorney
Date: 2/20/2013 7:55:59 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/13/2013 9:13:47 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/19/2013 9:48:32 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/19/2013 1:29:21 PM
Name: OchsLeo
Title: County Manager
Date: 3/30/2013 4:57:24 PM
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4/9/2013 16.D.2.
THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2012-2013 HUD ACTION PLAN
FOR
THE CIRRUS POINTE PROJECT
Jurisdiction(s): Collier County,Naples HOME Contact Person: Margo Castorena
Lead Agency: Collier County Address: 3339 E.Tamiami Trail, Suite 211,
Jurisdiction Web Address:www.colliergov.net Naples,FL 34112
(URL where HOME Substantial Amendment Telephone: (239)252-2912
materials are posted) Fax: (239)252-2912
Email: margocastorena@colliergov.net
In order to continue the services provided in the FY2012-2013 HUD Action Plan, approved by the Board
of County Commissioners on July 24, 2012 is hereby amended as follows:
Words Struck Through are deleted; Words Underlined are added:
* * *
Executive Summary—BACKGROUND—(Page 2)
* * *
The proposed One Year Action Plan for fiscal year 2012-2013 includes the following projects and the
approximate funding amounts. Please note, funding is based on funding amounts announced by HUD:
* * *
Project/Organization Location Description Funding Type
* * * * * * * * * * * * * * *
HOME Reduction by
Cirrus Pointe Reduction(2d pmt) N/A HUD $ 00 HOME
(Total Reduction) $320,000
* * * * * * * * * * * * * * *
NOTE: This chart contains
additional project information. The
only affected project for the
substantial amendment is Cirrus
Point.
* * *
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4/9/2013 16.D.2.
THE HOME SUBSTANTIAL AMENDMENT
TO THE
FY2011-2012 HUD ACTION PLAN
FOR
CIRRUS POINTE PROJECT
Jurisdiction(s): Collier County HOME Contact Person: Margo Castorena
Lead Agency: Collier County Address: 3339 E.Tamiami Trail, Suite 211,
Jurisdiction Web Address:www.colliergov.net Naples, FL 34112
(URL where HOME Substantial Amendment Telephone: (239)252-2912
materials are posted) Fax: (239)252-2912
Email: margocastorena@acolliergov.net
In order to continue the services provided in the FY2011-2012 HUD Action Plan, approved by the Board
of County Commissioners on July 26, 2011 is hereby amended as follows:
Words Struck Through are deleted; Words Underlined are added:
* * *
Executive Summary —Background(Page 1)
* * *
During the 2011-2012 program year Collier County will receive the following entitlement grant funds:
Community Development Block Grant $2,021,491
HOME $ 196,920 $ 662,126
Emergency Shelter Grant(ESG) $ 131,452
Total Federal Funds: 8.27649T863 $2,815,069
* * *
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