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Agenda 04/09/2013 Item #17E 4/9/2013 17.E. EXECUTIVE SUMMARY Recommendation to adopt a single consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program for consideration by the Board at a future meeting, that repeals the State Housing Initiatives Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended). OBJECTIVE: To remove redundancies and inconsistencies between the (SHIP) Program Ordinance and Affordable Housing Advisory Committee Ordinance by authorizing the advertisement of a single consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program Ordinance. CONSIDERATIONS: On March 12, 2013, Item 16.D.3, Board of County Commissioners ("Board") directed staff to advertise a consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program. As background, on November 8, 2011, Item 9.C, the Board expressed a desire to review the functions, powers, and duties of the Affordable Housing Advisory Committee to determine if the focus of the Committee was consistent with the current housing market conditions and incentive strategies. On July 24, 2012, Agenda Item 16.D.3, staff requested and the Board authorized it to advertise proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65) of which notice was published on September 12, 2012. The key changes approved at that time were: Amend functions,powers, and duties: • Remove reference to linkage and inclusionary zoning • Add language to direct the Committee to proactively investigate strategy, policy,method, and best practice recommendations relating to affordable housing that are consistent with the Growth Management Plan Amend duties of department heads: • Update responsible department to reflect current name • Replace reference to Growth Management Plan with general phrase "affordable housing activities" Staff has since been working with a state technical advisor of the State Housing Initiatives Partnership Program in order to assure effective and compliant operations. In accordance with this, and following the above noted advertisement date, staff received a recommendation to simplify by adopting a single consolidated Ordinance that incorporates the requirements set forth in Florida Statutes, Sections 420.907- 420.9070 and Chapter 67-37, Florida Administrative Code by reference. This action would repeal and replace both the existing State Housing Initiatives Packet Page-1663- 4/9/2013 17.E. Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended). The consolidated ordinance was drafted in close coordination with the state technical advisor and County Attorney's Office and includes the changes approved by the BCC in July 2012. Key points of the consolidated ordinance include: 1 - The provisions of Chapter 420, Part VII, Florida Statutes, State Housing Initiatives Partnership, are incorporated by reference into the proposed ordinance. As such, if the applicable State Regulations change in the future, the ordinance is not required to be modified in order to remain consistent with State law. 2 -The size and composition of the AHAC will not change. 3 - The Board may sunset or suspend meetings of the AHAC upon submission of the Triennial Incentive Report and reconvene the AHAC no later than March 2 of the year that the Incentive Report is due. 4 - The City of Naples will retain the opportunity to appoint members to the AHAC and that provision will be proposed in the SHIP Interlocal Agreement that will be brought to the Board for consideration in the near future. The proposed consolidated ordinance was presented to the AHAC on January 7, 2013 and was recommended for approval by the four members present. The statutory and administrative code provisions governing the SHIP program are back-up to this item. FISCAL IMPACT: Funds are available within the SHIP Grant Fund 191 Project 44209 to cover the cost of the advertising estimated at$300. LEGAL CONSIDERATIONS: The requirements of Section 420.9072 (2) (b), Florida Statutes have been met. Accordingly,this item is legally sufficient and requires a majority vote for Board action. -JBW GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. RECOMMENDATION: To adopt the proposed ordinance. Prepared By: Kristi Sonntag, Manager Federal/State Grants; Housing, Human, and Veteran Services Packet Page-1664- 4/9/2013 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to adopt a single consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program for consideration by the Board at a future meeting,that repeals the State Housing Initiatives Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended). Meeting Date: 4/9/2013 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing,Human&Veteran Servi 3/20/2013 3:05:23 PM Submitted by Title: SHIP Loan Processor,Housing,Human&Veteran Servi Name: DoriaPriscilla 3/20/2013 3:05:25 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 3/20/2013 4:42:16 PM Name: SonntagKristi Date: 3/20/2013 5:37:13 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 3/20/2013 8:50:57 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/21/2013 8:17:48 AM Packet Page-1665- 4/9/2013 17.E. Name:AckermanMaria Title: Senior Accountant, Grants Date: 3/21/2013 9:18:57 AM Name: CarneliSteve Title: Director-Purchasing/General Services,Purchasing Date: 3/27/2013 11:33:32 AM Name: WhiteJennifer Title:Assistant County Attorney,County Attorney Date: 3/27/2013 2:40:19 PM Name: KlatzkowJeff Title: County Attorney Date: 3/28/2013 11:40:31 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/1/2013 12:04:08 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/1/2013 5:14:44 PM Name: OchsLeo Title: County Manager Date: 4/2/2013 11:59:54 AM Packet Page-1666- 4/9/2013 17.E. ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR REPEAL OF ORDINANCE NO. 93-19, AS AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91-65, AS AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1992, the Legislature of the State of Florida approved the Sadowski Affordable Housing Act creating the State Housing Initiatives Partnership ("SHIP") Program for the specific purpose of supporting and expanding the availability of affordable housing resources within the State; and WHEREAS, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 93-19 on April 13, 1993, creating a local housing assistance trust fund, establishing a local housing assistance program, designating responsibility for the program, and creating an Affordable Housing Advisory Committee; and WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission (now known as the Affordable Housing Advisory Committee), which Ordinance was subsequently amended by Ordinance Nos. 04-77, 05-69, 08-17, and 09-50; and WHEREAS, the Board has determined that it is in the best interest of the County to repeal Ordinance No. 93-19, as amended, and Ordinance No. 91-65, as amended, in order to adopt a single consolidated Ordinance to comply with the requirements set forth in Florida Statutes, Sections 420.907- 420.9070 and Chapter 67-37, Florida Administrative Code. 5 2013 Collier County SHIP Local Housing Assistance Program Ordinance Packet Page-1667- 4/9/2013 17.E. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 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. 6 2013 Collier County SHIP Local Housing Assistance Program Ordinance Packet Page -1668- 4/9/2013 17.E. 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 420.9076(2)(a) - (k) adopted herein by reference, as they may be amended or replaced from time to time. 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 (2)(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. 7 2013 Collier County SHIP Local Housing Assistance Program Ordinance Packet Page-1669- 4/9/2013 17.E. 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. 8 2013 Collier County SHIP Local Housing Assistance Program Ordinance Packet Page-1670- 4/9/2013 17.E. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Georgia A. Hiller,Esq. Chairwoman Approved as to form and legal sufficiency: Jennifer B. White pm � 1� Assistant County Attorney 9 2013 Collier County SHIP Local Housing Assistance Program Ordinance Packet Page-1671- 4/9/2013 17.E. 32Dr Wednesday,March 27, 20 NAPLES DAILY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on April 9, 2013 in the Boardroom, 3rd Floor, Adminis- tration Building, Collier County Government Center, 3299 East Tamiami. Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, ESTABLISHING THE COWER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF.THE LOCAL HOUSING ASSISTANCE PROGRAM;PROVIDING FOR ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTAT ION; PROVIDING FOR ESTABLISHMENT OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR REPEAL OF ORDINANCE NO. 93-19, AS AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCE NO.91-65,AS AMENDED;PROVIDING FOR INCLUSION IN THE CODE OF • LAWS AND ORDINANCES; PROVIDING FOR CONFUCT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. • A copy of the proposed Ordinance is on file with the Clerk to the Board and will be available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.. The selection of an individual to speak on behalf• of an organization or group is encouraged.; If recognized by the Chairman, a spokesperson for.a group or organization may be allotted 10 minutes to speak on an item. . Persons wishing to have written or graphic materials`included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended.to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days' prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need,a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are,a person with a disability who needs any accommodation"in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the-Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101c Naples FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) March 27.7013 No 1983012 at phi , • Packet Page-1672- •