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Agenda 06/22/2010 Item #17D Agenda Item No. 17D June 22, 2010 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Section 125.379, Florida Statutes, for the benefit of affordable housing. OBJECTIVE: To approve and authorize the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Section 125.379, Florida Statutes, for the benefit of affordable housing. CONSIDERATIONS: In 2006, the Florida Legislature enacted Section 125.379, Florida Statutes, wherein each county is tasked to prepare an inventory list by .luly 1, 2007 and every three years thereafter, of all real property within its jurisdiction to which the county holds fee simple title that may be declared appropriate for use or sale for the benefit of affordable housing. The Board of County Commissioners must review the inventory list at a public hearing and revise it as they choose. Following the public hearing, the governing body must adopt a resolution that includes an inventory list of such property. The statute provides possible options for appropriate usage of this property to benefit affordable housing. The property may be offered for sale and the proceeds, above any amounts reirnbursed to County funds, are available for eligible uses. The land, or the proceeds from sale, may be used for one of the following activities: I. Purchase land for the development of affordable housing. 2. Increase the Affordable-Workforce Housing Trust Fund earmarked for affordable housing. 3. Sell with the restriction that requires the purchaser to develop affordable housing. 4. Donate to a nonprofit housing organization for construction of permanent affordable housing. 5. Make the property available for use for the production and preservation of permanent affordable housing. According to Section 125.38, Florida Statutes, all County departments and Constitutional offices have been notified of the surplus properties and no county purpose has been identified for the attached inventory. The Board of County Commissioners may fix a price that is nominal or the actual value of the property and set such price in a resolution. No advertisement is required. The Board of County Commissioners also has the option to dispose of said inventory and return the monies to the General Fund after appropriate department funds are reimbursed, or to maintain the attached inventory as County assets. On .lune 14,2010, the Affordable Housing Advisory Committee was presented this item at a regularly scheduled public meeting. The Committee, by unanimous vote, approved this item and recommended that the Board of County Commissioners retain surplus land for future redevelopment to benefit affordable housing. Agenda Item No. 17D June 22, 2010 Page 2 of 7 FISCAL IMPACT: The sale of surplus land would reimburse all the County funds and therefore, have no negative fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Any affordable housing developments that may be developed from the proceeds of the sale of this property will follow all the typical planning and development processes. LEGAL CONSIDERATIONS: Section 125.379, Florida Statutes, requires that the County prepare, and this Board review, an inventory list of all property within Collier County owned by Collier County that is appropriate for affordable housing. The list is to be updated every three years. The Board is free to revise the inventory list, and eliminate any parcels it does not wish designated for use as affordable housing. For those parcels which are on the inventory list, the Board can elect the manner in which such parcels will be utilized for affordable housing. As the statute provides, the Board may (1) sell the parcel and use the proceeds to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing; (2) sell the parcel with a restriction that requires the development of the property as permanent affordable housing; (3) donate the parcel to a nonprofit housing organization for the construction of permanent affordable housing; or (4) otherwise make the property available for use for the production and preservation of permanent affordable housing. The attached Resolution, which is required by the statute, was prepared by the Office of the County Attorney, and is legally sufficient for Board action. - CMG STAFF RECOMMENDATION: To approve and authorize the Chairman to sib'll a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Section 125.379, Florida Statutes, for the benefit ofaffordabJe housing. PREPARED BY: Marcy Krumbine, Director of Housing and Human Services Agenda Item No. 170 June 22, 2010 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 170 Recommendation to approve and authorize the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Section 125.379, Florida Statutes, for the benefit of affordable housing. 6/22/20109:00:00 AM Meeting Date: Prepared By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 6/7/20101:22:55 PM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 6/7/20102:01 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 6/9/201010:32 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 6/9/201010:35 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 6/9/2010 1 :29 PM Approved By Toni A. Mott Manager - Property Acquisition & Canst M Date Administrative Services Division Facilities Management 6/9/2010 1 :49 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 6/9/20103:53 PM Approved By Jeff Klatzkow County Attorney Date 6/10/201010:22 AM Approved By Sherry Pryor Management! Blldget Analyst, Senior Date Office of Management & Office of Management & Budget 6/10/20104:25 PM Agenda Item No. 17D June 22, 2010 Page 4 of 7 Budget Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/11/20109:18 AM "' z 0 ~ 0 ~ ~ "' w oc '" oo ~ z w ~ ~ 0 0 ~o ZWw 8 wOO=o ~ffl<! .,; =>12> ~ 0< ;;; - @~ ~ tic) z < g:~ 0 ;; ~ w oo =oz oQ z~ << " ~z wO z ocin =ow '00 '" ~ ~ '" on N 0 - Z ui z < 0 u: N 0 I-- I-- w Z 0 <( < w => '" ~ ~ 0 < => Q. u.W " -0 0 I< Z :Qu. N iij w- i:; => z~ "' ~o 0 0 "' :I: o ill N "' ..J M ~ ~ 0 0 0 0 0 iJ w '" ~ 0 0 ~ N "- N "- 8 <( '" z 0 0 "- in "' ;; " I-- 15 z ~ ~ =0 U> oo "' ..J <( .0: "' 6Ittj ~ '" -oo N U> ~zz ., => o~~ " :;:0 N ..J M Q. ~ '" => U> 0 oo 0 ;; oo " w zW N oc ~2: 0 0 g~ < ~ ~ ~ w 0 - '" < u. Agenda Item No. 170 June 22, 2010 Page 6 of 7 RESOLUTION NO. 20l0- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MADE IN FURTHERANCE SECTION 125.379, FLORIDA STATUTES, AND PERTAINING TO AN INVENTORY LIST OF ALL REAL PROPERTY WITHIN COLLIER COUNTY OWNED BY COLLIER COUNTY, THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.379, Florida Statutes, provides as follows: "(I) By .luly I, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specifY whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county 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. Alternatively, the county may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term "affordable" has the same meaning as in s. 420.0004(3);" and WHEREAS, an inventory list of all rcal property within Collier County to which the County holds fee simple title that is appropriate for use as affordable housing pursuant Section 125.379, Florida Statutes has been duly prepared and is attached hereto; and WHEREAS, this inventory list includes the address and legal description of each such real property and specifies whether the property is vacant or improved; and WHEREAS, the Board of County Commissioners has reviewed the inventory list at a duly noticed public hearing and has considered appropriate revisions to such list. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in keeping with the requirements Agenda Item No. 17D June 22. 2010 Page 7 of 7 of Section 125.379, Florida Statutes, attached to this Resolution is an inventory list of all properties now owned by the County identified as appropriate for use as affordable housing, which property 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 eannarked for affordable housing, or which may be sold with a restriction that requires the development of the property as permanent affordable housing, or which may be donated to a nonprofit housing organization for the construction of permanent affordable housing, or alternatively, which the County may make available for use for the production and preservation of pennanent affordable housing. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this _ day of ,2010_ ATTEST: DWIGHT E_ BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form an legal sufficiency: olleen M Greene Assistant County Attorney