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
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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
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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
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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
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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.
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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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.
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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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.
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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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.
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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
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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 ,
•
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