Agenda 09/15/2009 Item #16D 2
Agenda Item No. 1602
September 15, 2009
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Resolution amending the State Housing Initiative Partnership
program Local Housing Assistance Plan for Fiscal Years 2007-2008, 2008-2009 and 2009-
2010 to implement the Florida Homebuyer Opportunity Program.
OBJECTIVE: That the Board of County Commissioners approves, and authorizes the
Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP)
program Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and
2009-2010 to implement the Florida Homebuyer Opportunity Program.
CONSIDERATIONS: On July 7, 1992, the William E. Sadowski Affordable Housing Act was
signed into law to provide additional funding to local communities, through a documentary
stamp tax on real estate transactions, to promote affordable housing. Under the SHIP program,
Collier County and the City of Naples receive funds from the State of Florida to provide
initiatives to expand affordable housing opportunities.
,,-...
The Florida Homebuyer Opportunity Program was created during the 2009 regular legislative
session. Section 47 of the General Appropriations Act, Specific Appropriation 1570, provides
$30 million dollars statewide, with Collier County receiving an allocation of $431,868.
Funding will be distributed through and operated under the SHIP program. The intent of the
Legislature is to ensure that residents of the state derive the maximum possible economic
benefit from the federal first-time homebuyer tax credit created through the American Recovery
and Reinvestment Act of 2009 (ARRA). While the Florida Homebuyer Opportunity Program
was developed to maximize the benefits of the ARRA, the funding is from the state and the
program is a state program. No ARRA funds are associated with this program.
The principal balance of the loans provided may not exceed 10 percent of the purchase price or
$8,000, whichever is less. The program is intended to provide purchase assistance to applicants
that are eligible to receive the federal first-time homebuyer tax credit created through the
American Recovery and Reinvestment Act of 2009. Homes must be purchased prior to
December 1, 2009, or any later date established by the Internal Revenue Service for such
purchases. The assistance must be repaid when the recipient receives their federal tax refund.
The maximum income limit shall be Adjusted Gross Income of $75,000 for single taxpayer
households or $150,000 for joint-filing taxpayer households.
To be eligible to participate in the Florida Homebuyer Opportunity Program, Collier County is
required to amend the LHAP. Through Resolution No. 2007-96, the Board of County
Commissioners adopted the LHAP for Fiscal Years 2007-2008, 2008-2009 and 2009-2010 as
required by Florida Housing Finance Corporation, the grantor agency. The attached amended
LHAP, and accompanying Resolution, will allow Collier County to expend funding awarded
under the Florida Homebuyer Opportunity Program.
.- FISCAL IMPACT: Collier County has been allocated $431,868 in funding for the Florida
Homebuyer Opportunity Program.
GROWTH MANAGEMENT IMPACT: Funding received under the Florida Homebuyer
Opportunity Program will allow the County to expand affordable housing opportunities for its
Agenda Item No. 1602
September 15, 2009
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citizens and further the goals of the Housing Element of the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office. This item requires majority vote only. This item is legally sufficient for
Board approval. - CMG
STAFF RECOMMENDATION: That the Board of County Commissioners approves, and
authorizes the Chairman to sign, a Resolution amending the State Housing Initiative
Partnership (SHIP) pro!:,'Tam Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-
2008,2008-2009 and 2009-2010 to implement the Florida Homebuyer Opportunity Program.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
.......
Agenda Item No. 1602
September 15, 2009
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RESOLUTION NO. 2009-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2007-2008,
2008-2009, AND 2009-2010; IMPLEMENTING THE FLORIDA
HOMEBUYER OPPORTUNITY PROGRAM STRATEGY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehen~ive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for affordable housing in accordance with their comprehensive
plans; and
WHEREAS, during the 2009 regular legislative session, the Florida Homebuyer
Opportunity Program was created; and
WHEREAS, Specific Appropriation 1570A allocated $30 million dollars
statewide which will be distributed through and operated under the State Housing
Initiatives Partnership (SHIP) Program to provide up to $8,000 in purchase assistance to
applicants that are eligible to receive the federal first-time homebuyer tax credit created
through the American Recovery and Reinvestment Act of 2009; and
WHEREAS, Collier County has been allocated $431,868 for use under the
Florida Homebuyer Opportunity Program; and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
enacted Collier County Ordinance No. 93-19 on April 13, 1993, codified as Article III of
c<-
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Agenda Item No. 16D2
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Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier
County State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, through Resolution No. 2007-96, the Board of County
Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining
the intended use of SHIP funds for fiscal years 2007-2008, 2008-2009, and 2009-2010.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that the Collier County and City of Naples, FL State Housing
Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the
State of Florida Fiscal Years 2007-2008, 2008-2009, and 2009-2010, a copy of which is
attached to this Resolution, is hereby amended as set forth in such attachment.
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its approval, and that it be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this 15th day of
September, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to legal form and sufficiency:
~~~
Colleen Greene
Assistant County Attorney
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Agenda Item No. 1602
September 15, 2009
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COLLIER COUNTY, FLORIDA
and the
CITY OF NAPLES, FL
SHIP LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
FOR THE STATE OF FLORIDA FISCAL YEARS
FY2007-08, 2008-09, 2009-10
Prepared by the
Collier County Housing and Human Services Department
Public Services Division
3050 North Horseshoe Drive Suite 110
Naples, FL 34104
{239} 403-2330
www.colliergov.net
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TABLE OF CONTENTS
I. Program Description 3
Purchase Price and Income Limits 5
Definitions 7
II. Affordable Housing Strategies 8
Purchase Assistance 8
Owner Occupied Rehabilitation 9
Acquisition-Rehabilitation/ New Construction 10
Demolition with New Construction 11
Special Needs Housing 12
Rental Housing Rehabilitation 13
Disaster Relief 15
Relocation Assistance 16
Homebuyer Education 16
Florida Homebuyer Opportunity Program 18
III. Housing Incentive Strategies -1-819
IV. Exhibits 2-G20
Administrative Budget Exhibit A
Timeline Exhibit B
Housing Delivery Goals Exhibit C
Certification Exhibit D
County Resolution Exhibit E
Program Information Exhibit F
Ordinance (if applicable) Exhibit G Not Applicable
Interlocal Agreement Exhibit H
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I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S.
A. Name of the participating local government and Interlocal if Applicable:
Section 420.9072(5),FS.
Collier County Government
Interlocal : Yes XX No
Name of participating local govemment(s) in the Interlocal Agreement:
City of Naples
A copy of the Interlocal Agreement is attached as Exhibit H.
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005, F.A.C.
Creation of the Plan is for the purpose of meeting the housing needs of the very
low, low and moderate income households, to expand production of and preserve
affordable housing, and to further the housing element of the local government
comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan: Chapter 67-37.002,F.A.C.
X 2007/2008
X 2008/2009
X 2009/2010
D. Governance: Chapter 67-37. 005.F.A. C. and Section 420.907/,F.S.
The SHIP Program is established in accordance with Section 420.907-9079,
Florida Statutes and Chapter 67-37.007 Florida Administrative Code.
The SHIP Program does further the housing element of the Collier County and City of
Naples Comprehensive Plans.
Cities and Counties must be in compliance with these applicable statutes and
rules.
E. Local Housing Partnership Section 420.9072, F.S.
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community !:,'TOUps.
Some of the active partners in Collier County include:
Affordable Housing Commission
Collier Building Industry Association
Collier County Loan Consortium
Habitat for Humanity of Collier County
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Collier County Housing Authority
Collier County Hunger & Homeless Coalition
Collier County Housing Development Corporation
Empowerment Alliance of Southwest Florida
St. Matthew's House and Wolfe Apartments
Shelter for Abused Women & Children
Immokalee Friendship House
Immokalee Non-Profit Housing
IHOPE
One by One
F. Leveraging: Chapter 67-37.007, F.A.C. and Ssection 420.9075, F.S.
The Plan is intended to increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing partnership
and using public and private funds to reduce the cost of housing. SHIP funds may be
leveraged with or used to supplement other Florida Housing Finance Corporation
programs and to provide local match to obtain federal housing grants or programs.
G. Public Input: Chapter 67-37.005, F.A.C.
Public input is an on-going process and is solicited throughout the year. Public input
is obtained through face to face meetings with a variety of housing providers, social
service providers, public advisory committees, local lenders, housing advocates and
neighborhood associations. Public input was solicited through the local newspaper in
the advertising of the Local Housing Assistance Plan and the Notice of Funding
Availability.
H. Advertising and Outreach: Chapter 67-37.005, F.A.C.
Collier County shall advertise the notice of funding availability in a newspaper of general
circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days
before the beginning of the application period.lfno funding is available due to a waiting
list, no notice of funding availability is required.
Advertisements are placed in the Naples Daily News and the Immokalee Bulletin.
I. Discrimination: Sectioll 420.9075. F.S
In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
J. Support Services and Counseling: Chapter 67-37.CJ05,F,AC.
Support services are available from various sources. Available support services
may include but are not limited to:
Homeownership Counseling (Pre and Post), Credit Counseling, Tenant
Counseling and information and referrals.
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K. Purchase Price Limits: Section 420.9075,F.S. and Chapter 67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the
statistical area in which the eligible housing is located. Such average area purchase
price may be that calculated for any 12-month period beginning not earlier than the
fourth calendar year prior to the year in which the award occurs. The sales price of
new and existing units, which can be lower but may.not exceed 90% of the average
area purchase price established by the U.S. Treasury Department or as described
above.
The methodology used is:
X Bond Study Numbers from FL Housing Finance Corp
_ Independent Study (copy attached)
_ U.S. Treasury Department
Local HF A Numbers
The purchase price limit for new and existing homes is shown on the Housing
Delivery Goals Charts and shown below.
Maximum Allowable Sales Price*
$414,861.30
90% of Average Sales
Price for Collier County
Maximum Adopted Sales Price
$300,000
65% of Average Sales
Price for Collier County
*Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation
L. Income Limits, Rent Limits and Affordability:
Chapter 67-37.005, FA.C. .and Section 420.9071, FS.
The Income and Rent Limits used in the SHIP Program are updated annually from
the Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it
is not the intent to limit an individual household's ability to devote more than
30% of its income for housing, and housing for which a household devotes more
than 30% of its income shall be deemed "affordable" if the first institutional
mortgage lender is satisfied that the household can afford mortgage payments in
excess of the 30% benchmark and in the case of rental housing does not
exceed those rental limits adjusted for bedroom size.
M. Welfare Transition Program: Chapter 67-37. 005(6)(b)(7)FA. C.
Should an eligible sponsor be used, Collier County has developed a qualification
system and selection criteria for applications for A wards to eligible sponsors,
which includes a description that demonstrates how eligible sponsors that
employed personnel from the WAGES and Workforce Development Initiatives
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programs will be given preference in
the selection process.
N. Monitoring and First Right of Refusal: Section 420.9075, F.S.
In the case of rental housing, the staff or entity that has administrative authority
for implementing the local housing assistance plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another
governmental entity provides the same monitoring and detennination, a .
municipality, county or local housing financing authority may rely on such
monitoring and determination oftenant eligibility. However, any loan or
grant in the original amount of$3,OOO or less shall not be subject to these annual
monitoring and detennination of tenant eligibility requirements. Tenant eligibility
will be monitored annually for 15 years or the term of assistance which ever is longer
unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for
continued occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37.(!05. F.A.c..
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an annual
basis for each State fiscal year submitted.
The Collier County Board of County Commissioners finds that the moneys deposited
in the local housing assistance trust fund shall be used to administer and implement the
local housing assistance plan. In accordance with Chapter 67-37, Florida
Administrative Code, the cost of administering the plan may not exceed 5 percent of
the local housing distribution moneys and program income deposited into the trust
fund, except; a county or an eligible municipality may not exceed the 5 percent
limitation on administrative costs, unless its governing body finds, by resolution, that 5
percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local housing
assistance plan. The cost of administering the program may not exceed 10 percent of
the local housing distribution plus 5% of program income deposited into the trust fund,
except that small counties, as defined in s. 120.52( 17), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent of
program income for administrative costs.
Collier County has adopted the finding allowing 10% of the funds to be used for
administration as outlined in the attached resolution, Exhibit E
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P. Definitions:
Essential Service Personnel (ESP):
Those individuals employed in the community as teachers, educators, other
school district employees, community college and university ernployees, police
and fire personnel, health care personnel, skilled building trades personnel,
government employees, and employees associated with health, safety and welfare
agencies within the county earning up to 140% of median and all other full time
employees earning less than 80% of median income. Per F.S. 420.5095, local
governments are authorized to use SHIP funds for persons or families whose total
household income does not exceed 140% of the area median income, adjusted for
household size, when funds are allocated to a development that has been awarded
funds under the Community Workforce Housing Innovation Pilot Program
(CWHIP). For all other SHIP funding, the maximum income level will be 120%
of the area median income.
Extremely Low Income (ELI):
Individuals or a family whose total annual household income does not exceed
30% ofthe median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance Corporation.
Very Low Income (VLI):
Individuals or a family whose total annual household income does not exceed
50% of the median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance
Low Income (LI):
Individuals or a family whose total annual household income does not exceed
80%.ofthe median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance Corporation.
Moderate Income (MI):
Individuals or a family whose total annual household income does not exceed
120% ofthe median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance
Program Income:
The proceeds derived from interest earned on or investment of the local housing
distribution and other funds deposited into the local housing assistance trust fund,
proceeds from loan repayments, recycled funds and all other income derived from
use of funds deposited in the local housing assistance trust fund.
Recaptured Funds:
The funds that are recouped by a county or eligible municipality in accordance
with the recapture provisions of its local housing assistance plan pursuant to s.
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420.9075(4)(g) from eligible persons or eligible sponsors who default on the
terms of a grant award or loan award
Q. Homebuyer Education & Counseling
a. Provide opportunities for group and one on one homebuyer education and
counseling to include at a minimum credit counseling, budgeting, mortgage
options, homebuying process, foreclosure prevention, predatory lending,
refinancing, home owner maintenance and other needed assistance.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2007-08,2008-09, and 2009-10.
c. Income Categories to be served: Homebuyer education and counseling will be
available to all interested first time homebuyers.
d. Maximum award is noted on the Housing Delivery Goals Charts: Maximum
funding provided to a nonprofit sponsor(s) offering homebuyer education and
counseling will not exceed $35,000 per year.
e. Terms, Recapture and Default: All funds provided to a sponsor organization will
be in the form of a grant and not subject to recapture.
f. Recipient Selection Criteria: Homebuyer education and counseling workshops
will be available to all interested first time homebuyers.
g. Sponsor Selection Criteria:
A non-profit housing provider wishing to receive a grant to provide homebuyer
education and counseling will be evaluated competitively using established
evaluation and selection criteria which include some of the following:
Financial strength of the agency
The ability ofthe organization to provide deliverables within the required timeline
HUD Certification
Frequency of classes and diversity of locations
Education and experience of staff
Training experience
Leveraging of SHIP funds with other sources
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II. LHAP HOUSING STRATEGIES: Chapter 67-37.005, F.A.C.
A. Name of the Strategy: Purchase Assistance
a. Summary of the Strategy: The Purchase Assistance Program assists first-time
hornebuyers by paying a portion of their down payment and closing cost
expenses. Funds may also be used to cover a portion of permitting fees. Buyers of
existing units are also eligible for additional emergency repair to the unit
purchased. The program provides second mortgages to eligible applicants to assist
in the purchase (and repair if applicable) of new or existing single-family homes,
duplexes, condominiums, townhouses, or DCA approved manufactured homes.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2007-2008,2008-2009, and 2009-2010.
c. Income Categories to be served: Purchase assistance will be available primarily to
low and very-low income applicants. However, a small portion of the funding
allocation will be made available to moderate income, first-time homebuyers with
incomes below 120% of median.
Collier County may use SHIP Purchase Assistance funds for persons or families
whose total household income does not exceed 140% of the area median income,
adjusted for household size, when funds are allocated to a development that has
been awarded funds under the Community Workforce Housing Innovation Pilot
Program (CWHIP).
d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per
unit.
e. Terms of Repayment: All purchase assistance loans will be secured by second
mortgages. The interest rate on the loans will be 0%. No payment will be required
until the property is sold, transferred, refinanced, or is no longer the primary
residence of the homebuyer. At that time the balance of the loan will be repaid to
Collier County's SHIP Local Housing Trust Fund. If homeowner dies prior to
termination of the mortgage term, payment in full of all sums secured by the
Security Instrument will be required.
Repaid funds are considered program income, a portion of which may be used for
program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come/first-
served basis from all applicants meeting the following selection criteria:
The applicant must be a very low or low income first-time homebuyer. A first-
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time homebuyer is defined as anyone of the following: not having ownership
interest in a home during the past three years, a single parent with children under
the age of 18 who has recently been divorced and displaced, a displaced victim of
domestic violence, or a person displaced as the result of some governmental
action. The home to be purchased must be located within the boundaries of
Collier County, FL.
The applicant must be pre-approved by the lender providing the first mortgage for
the purchase. The purchase price of the home may not exceed the maximum sales
price allowed in Collier County by the SHIP Program.
g. Sponsor Selection Criteria: Not Applicable
h. Additional Information: The purchase assistance program will partner the use of
SHIP funds with private sector first mortgages to provide homeownership
opportunities to low and very-low income first-time homebuyers in Collier
County.
B. Name of the Strategy: Owner-Occupied Rehabilitation
a. Summary of the Strategy: The Owner-Occupied Rehabilitation program assists
very-low and low income homeowners by providing loans to pay for necessary
repairs. All identified repair work must include the correction of housing code
violations and/or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2007-2008,2008-2009, and 2009-2010.
c. Income Categories to be served: This program will assist very-low and low
income homeowners.
d. Maximum award is noted on the Housing Delivery Goals Charts: $30,000 per
unit.
e. Tenns of Repayment: All loans will be secured by a second mortgage payable to
the County. The interest rate on the loans will be 0%. Loans will be forgiven at a
rate of 33.3% every five years. No payment will be required until the property is
sold, transferred, or is no longer the primary residence of the homebuyer. At that
time the balance of the loan will be repaid to Collier County's SHIP Local
Housing Trust Fund. If homeowner dies within 5 years of recorded Security
Instrument, payment in full of all sums secured will be required. If the Security
Instrument has been recorded for more than 5 years on any prior participant, all
sums secured will be forgiven if homeowner dies.
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Repaid funds are considered program income, a portion of which may be used for
program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis. Loans will be given to very-low and low income homeowners. The
appraised value ofthe home must not exceed the maximum sales price allowed in
Collier County by the SHIP Program.
g. Sponsor Selection Criteria: Not Applicable
h. Additional Information: In cases where the cost of repair exceeds the maximum
award available to the borrower, SHIP funds will be leveraged by the
homeowner's own funds, CDBG funds, HOME funds, or other alternative
sources.
C. Name of the Strategy: Acquisition-Rehabilitation/New Construction
a. Summary of the Strategy: The Acquisition-RehabilitationlNew Construction
program is designed to facilitate the acquisition of vacant land or existing homes
which will be developed for affordable housing by offering loans to non-profit
and for profit housing providers to acquire vacant land for new construction or
existing homes. Eligible homes include existing single-family homes,
condominiums, townhouses, or DCA approved manufactured homes. Collier
County may also use this program to purchase land to be used for affordable
housing. Land Acquisition does not permit land banking.
b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years
2007-08,2008-09, and 2009-10.
c. Income Categories to be served: The primary focus will be eventual beneficiaries
who are low or very-low income. However, this program will also consider
requests for mixed income affordable housing to serve a portion of its residents up
to 120% of median income.
d. Maximum award is noted on the Housing Delivery Goals Charts: shall not exceed
$50,000 per unit.
e. Terms of Repayment: All loans will be secured by second mortgages. The interest
rate on the loans will be 0%. If the new buyer is income eligible for the program,
the mortgage may be assumed so long as all other SHIP requirements are met.
Repayment will be required when the property is sold, transferred, refinanced, or
is no longer the primary residence of the homebuyer. At that time the balance of
the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. If
homeowner dies prior to termination of the mortgage term, payment in full of all
sums secured by the Security Instrument will be required. Shared equity second
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mortgages will be acceptable if approved by Collier County in advance.
Repaid funds are considered program income, a portion ofwhich may be used for
program administration.
f. Recipient Selection Criteria: Sponsors will income qualify applicants in
accordance with SHIP regulations. Income qualified recipients will be selected
on a first-come/first-serve basis.
g. Sponsor Selection Criteria:
A non-profit or for profit housing provider will be evaluated competitively using
established evaluation and selection criteria.
h. Additional Information: The SHIP funds used in the acqmsltIon-
rehabilitation/new construction program may be leveraged by public and private
sources. The non-profit or for profit developer receiving these loans will construct
housing using a combination of State, Federal and private sector funding. This
competitive application program must benefit primarily very low and low income
residents but can provide assistance to some households earning between 80%-
120% of median income. An eligible applicant must occupy affordable housing
on subject property within the expenditure timeline as set by statute and rule.
D. Name of the Strategy: Demolition with New Construction
a. Summary of the Strategy: A nonprofit housing provider may receive a deferred
payment loan to pay for the demolition and replacement of substandard housing
found not to be cost effective or possible to rehabilitate for low and very-low
income homeowners. The construction of a new home or installation of a
modular home built to DCA code will occur after demolition and clearance.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2007 -08, 2008-09, and 2009-10.
c. Income Categories to be served: Participants in this program must be low or
very-low income.
d. Maximum award is noted on the Housing Delivery Goals Charts: Deferred
payment loan for demolition, clearance and new construction shall not exceed
$250,000.
e. Terms, Recapture and Default: All loans will be secured by a second mortgage
payable to the County. Loans will be given for a maximum term of3 years. The
interest rate on the loans will be 0%. Repayment will occur when the property is
sold or transferred to the qualifying buyer, or is no longer used to provide housing
for low and/or very-low income individuals. At that time the balance of the loan
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will be repaid to Collier County's SHIP Local Housing Trust Fund. In the event
of default by non-profit housing provider, Collier County will seek like kind
organization to complete eligible affordable housing.
Repaid funds are considered program income, a portion of which may be used for
program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis through the nonprofit sponsor. Loans will be given to very-low and
low income homeowners/sponsoring agency. The appraised value of the home
must not exceed the maximum sales price allowed in Collier County by the SHIP
Program.
g. Sponsor Selection Criteria:
A non-profit housing provider wishing to receive land acquisition with new
construction funds will be evaluated competitively using established evaluation
and selection criteria which includes some of the following:
Financial strength of the agency
The ability of the organization/developer to complete the development within the
established timelines
The capacity of the organization/developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Welfare Transition
Pro!:,'Tam and Workforce Development programs per Chapter 67-37.005(6) (b) (7)
F.A.C.
h. Additional Information: In cases where the cost of demolition and construction
exceeds the maximum award available to the borrower SHIP funds used in the
strategy will be leveraged by the homeowner's own funds. SHIP funds will also
be leveraged by the homeowner's new first mortgage when the new home is built.
Recipients of loans from this strategy may also qualify for SHIP purchase
assistance program. An eligible applicant must occupy affordable housing on
subject property within the expenditure timeline as set by statute and rule.
E. Name of the Strategy: Special Needs Housing
a. Summary of the Strategy: Through the special needs housing strategy down
payment, land acquisition, or development assistance loans may be awarded to
non-profit organizations serving special needs clients for the purchase or
development of homes, apartments, or land.
b. Fiscal Years Covered: This strategy will be funded during State fiscal Years
April 2007 - 13 -
Agenda Item No. 1602
September 15, 2009
Page 18 of 55
2007-08,2008-09, and 2009-10.
c. Income Categories to be served: This program will assist only non-profit housing
providers who provide housing to low and/or very-low income, special needs
residents on a first come, first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: Shall not exceed
$25,000 per unit.
e. Terms of Repayment: Special needs housing funds will be rnade available by
loans secured by a second mortgage placed on the property acquired. Loans will
be given for a maximum term of 20 years. The interest rate on loans will range
from 0% to 5%, and will be based on factors including: need of the organization,
the organization's ability to repay, and non-profit or profit status of the
organization. Yearly payments will be required until the property is sold,
transferred, or is no longer used to provide housing for low and/or very-low
income individuals. At that time the balance of the loan will be repaid to Collier
County's SHIP Local Housing Trust Fund.
Repaid funds are considered program income, a portion of which may be used for
program administration.
Rental units will be monitored for a period of 15 years per Rule Chapter 67-
37.005(6)(c) of the Florida Administrative Code. Resale and First Right of
Refusal for Affordable Housing will be given to Eligible Sponsors as noted in
Section 420.9075 (4)(f) Florida Statues.
f. Recipient Selection Criteria: Very low and low income special needs individuals
and families served by the sponsoring agency.
g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive
special needs housing funds will be evaluated competitively using established
evaluation and selection criteria which include some of the following criteria:
Financial strength of the agency
The ability of the sponsor/developer to complete the development with the
established timelines
The capacity of the sponsor/developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
h. Additional Information: SHIP funds used for special needs housing must be
leveraged by multiple State, Federal or private sector funds.
April 2007
- 14 -
Agenda Item No. 1602
September 15, 2009
Page 19 of 55
F. Name of the Strategy: Rental Housing Rehabilitation
a. Summary of the Strategy: The rental housing rehabilitation program assists non-
profit housing providers by providing loans to pay for necessary repairs. All
identified repair work will include the correction ofhousing code violations and/
or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2007-08,2008-09, and 2009-10.
c. Income Categories to be served: This program will assist only non-profit housing
providers who provide housing to low and/or very-low income tenants on a first
come, first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per
uni 1.
e. Terms of Repayment: All loans will be secured by a second mortgage payable to
the County. Loans will be given for a maximum term of20 years. The interest rate
on loans will range from 0% to 5%, and will be based on factors including: need
of the organization, the organization's ability to repay, and non-profit or profit
status of the organization. Yearly payments will be required until the property is
sold, transferred, or is no longer used to provide housing for low and/or very-low
income individuals. At that time the balance of the loan will be repaid to Collier
County's SHIP Local Housing Trust Fund.
Repaid funds are considered program income, a portion of which may be used for
program administration.
Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c)
of the Florida Administrative Code. Resale and First Right of Refusal for
Affordable Housing will be given to Eligible Sponsors as noted in Section
420.9075 (4)(t) Florida Statues.
f. Recipient Selection Criteria: Sponsors will income qualify very low and low
income applicants in accordance with SHIP regulations. Income qualified
recipients will be selected on a first-comelfirst-serve basis.
g. Sponsor Selection Criteria: A non-profit housing provider wishing to receive
rental rehabilitation funds will be evaluated competitively using established
evaluation and selection criteria which includes some ofthe following criteria:
Financial strength of the agency
Ability of the sponsor/agency to complete the rehabilitation with the established
timelines
The capacity of the sponsor/agency
April 2007
- 15 -
V>."
Agenda Item No. 1602
September 15, 2009
Page 20 of 55
The affordability of the product
Neighborhood compatibility of the development
Number of units rehabbed per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Welfare Transition
Program.
h. Additional Information:
G. Name of the Strategy: Disaster Relief and Mitigation
a. Summary of the Strategy: The disaster relief and mitigation program provides
assistance to households following a natural disaster as declared by Executive
Order by the President of the United States or Governor of the State of Florida.
This strategy will only be implemented in the event of a natural disaster using any
funds that have not yet been encumbered or using additional disaster andlor
mitigation funds issued by Florida Housing Finance Corporation. SHIP disaster
and mitigation funds may be used for repairs sustained as a result of a natural
disaster and payment of insurance deductibles forrehabilitation of homes covered
under homeowners insurance policies.
b. Fiscal Years Covered: This strategy will be funded per the preceding paragraph
for State Fiscal Years 2007-08, 2008-09, and 2009-10.
c. Income Categories to be served: All recipients in this program must be low or
very-low income.
d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per
unit.
e. Tenus of Repayment: All loans will be secured by a second mortgage payable to
the County. The interest rate on the loans will be 0%. No payment will be
required until the property is sold, transferred, refinanced, or is no longer the
primary residence of the homebuyer. At that time the balance of the loan will be
repaid to Collier County's SHIP Local Housing Trust Fund. If homeowner dies
within 5 years of recorded Security Instrument, payment in full of all sums
secured will be required. Ifthe Security Instrument has been recorded for more
than 5 years on any prior participant, all sums secured will be forgiven if
homeowner dies.
Repaid funds are considered program income, a portion of which may be used for
program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-camel first
April 2007 - 16 -
Agenda Item No. 1602
September 15, 2009
Page 21 of 55
served basis. Loans will be given to low and very-low income homeowners. The
appraised value of the home must not exceed the maximum sales price allowed in
Collier County by the SHIP Program.
g. Additional Information: In cases where the cost of repair exceeds the maximum
award available to the borrower SHIP funds will be leveraged by the
homeowner's own funds. Repair may also be leveraged by homeowner's
insurance, the homeowner's first mortgage, any equity amassed in the home and
special mitigation or disaster relief funds.
H. Name ofthe Strategy: Relocation Assistance Program
a. Summary ofthe Strategy: Through the relocation assistance strategy, persons who
have lost affordable housing due to the closure of a mobile home park or the
conversion of affordable rental units to condominiums will be eligible to receive a
one time relocation assistance grant through this strategy. Grants may be used to
fund relocation expenses such as down payment, deposits, first andJast month's
rents, and utilities rental assistance for SHIP eligible units.
b. Fiscal Years Covered: This strategy will be implemented/funded for State Fiscal
Years 2007-08, 2008-09, and 2009-10 using SHIP funds have not yet been
encumbered. A cost sharing agreement shall be pursued between the County and
any developer needing County approval to move forward with plans that will
result in the loss of affordable housing.
c. Income Categories to be served: All recipients in this program must be very-low
Income.
d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000 per
famil y
e. Terms, Recapture and Default Terms of Repayment: All funds provided to
eligible households will be in the form of a grant and not subject to recapture.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis to persons who have lost affordable housing due to the closure of
a mobile home park or the conversion of affordable rental units to
condominiums.
g. Sponsor Selection Criteria:
h. Additional Information:
April 2007
- 17 -
Agenda Item No. 16D2
September 15, 2009
Page 22 of 55
I. Name of the Strategy: Florida Homebuver Opportunity Program
a. Summary of the Strategy: This strategy is designed in response to the legislative
proviso requiring SHIP local governments to expend 2009-2010 funds to ensure
that residents of the state derive the maximum possible economic benefit from the
federal first time homebuyer tax credit created through the American Recovery
and Reinvestment Act of2009 by providing subordinate down payment assistance
loans to first time homebuyers for owner occupied primary residences that can be
repaid by the income tax refund the homebuver is entitled to under the First Time
Homebuyer Credit. The state program shall be called the "Florida Homebuyer
Opportunity Pro~'Tam."
b. Fiscal Years Covered: 2009/2010 until expiration of the Florida Homebuyer
Opportunity Program Tax Credit.
c. Income Categories to be served: Up to $75,000 for single taxpayers or $150.000
for joint filers. There is no requirement to reserve 30 percent of the funds for
awards to very-low-income persons or 30 percent ofthe funds for awards to low-
income persons; and there is no requirement to expend 75% of funds for
construction. rehabilitation or emergency repair.
d. Maximum award is the principal balance of the loans provided shall not exceed
10% of the purchase price or $8.000 whichever is less.
e. Tenns, Recapture and Default: If the county or eligible municipality receives
repayment from the homebuver within 18 months after the closing date of the
loan, the countv or eligible municipality shall waive all interest charges. A
homebuyer who fails to fully repay the loan within 18 months shall be subject to
repayment tenns provided in an appropriate strategv in the local housing
assistance plan. All funds repaid to a county or eligible municipality shall be
considered "program income" as defined in s. 420.9071 (24).
f. Recipient Selection Criteria: Recipients must meet the requirements of the
following: The maximum income limit shall be Adjusted Gross Income of
$75.000 for single taxpayer households or $150,000 for joint-filing taxpayer
households which is equal to that pemlitted by the American Recovery and
Reinvestment Act of 2009.
g. Sponsor Selection Criteria:
h. Additional Infonnation:
April 2007
- 18 -
Agenda Item No. 1602
September 15, 2009
Page 23 of 55
III. LHAP INCENTIVE STRATEGIES
Section 420.9071 (16) and Section 420.9076(6)), F.S.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects.
a. Established policy and procedures:
Collier County Resolution No. 2005-408 adopted November 29,2005, speeds the
rezone, approval, and permitting of developments for affordable housing.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review oflocal policies, ordinances, regulations
and plan provisions that increase the cost of housing prior to their adoption.
a. Established policy and procedures: The executive summary system used by the'
Collier County Board of County Commissioners serves as a process for an going
review of items seeking Board action that may affect affordable housing. Every
County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy
must have an executive summary attached which is reviewed as to its effect on
affordable housing.
c. Name of the Strategy: Affordable Housing Definition
Definition as defined in the Collier County Land Development Code Section
1.08.02.
a.
Established policy and procedures:
Housing, affordable-workforce: means residential dwelling units within a monthly
rent or monthly mortgage payment, including property taxes and insurance, not in
excess of 1/12 of 30 percent of an amount which represents a range of median
adjusted gross annual income (median income) for households as published
annually by the U.S. Department of Housing and Urban Development within the
Naples Metropolitan Statistical Area (MSA) (See Section 2.05.02), specifically
including the following subsets:
.,-
Rental workforce housing 50 percent or less of median income, otherwise
considered to be "very low income".
Rental workforce housing from 51 percent-60 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing 50 percent or less of median income,
otherwise considered to be "very low income".
Owner occupied workforce housing 51 percent-60 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing 61 percent-80 percent of median income,
otherwise considered to be "low income".
April 2007
- 19 -
Agenda Item No. 16D2
September 15, 2009
Page 24 of 55
Owner occupied gap housing: 81 percent-ISO percent of median income. (For
purposes of SHIP funding, the maximum income level will be 120% of median
income per F.S. 420.9071)
The tenn affordable housing is specifically intended to include affordable-
workforce housing.
D. Name of the Strategy: Impact Fee Deferrals for Affordable Housing
a. Established policy and procedures: Collier County Ordinance No. 2005-40, as
amended, adopted July 26, 2005 allows for the deferral of impact fees for
affordable housing.
E. Name of the Strategy: Increased Density Levels
The process in which a developer may request increased density by including a
certain percentage of affordable housing in the mix of the community.
a. Established policy and procedures: An Affordable Housing Density Bonus
Agreement must be entered into and approved by the Board of County
Commissioners as provided for in the Collier County Land Development Code
Section 2.06.00.
F. Name of the Strategy: Preparation of a Printed Inventory of Locally Owned Public
Lands Suitable for Affordable Housing.
Process by which the County prepares a list of County owned properties that are
suitable for affordable housing.
a. Established policy and procedures: At least every three years, Collier County will
prepare and adopt by Resolution an inventory list of all real property it owns
within its jurisdiction that is appropriate for use as affordable housing.
affordable housing developments.
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37005, FA.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Pro!:,'Tam funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005. FAC.
April 2007 - 2 0 -
,"""-
H.
Agenda Item No. 1602
September 15. 2009
Page 25 of 55
Completed HDGC for each fiscal year is attached as Exhibit C.
D.
Certification Page: Chapter 67-37.005, FA.C.
Signed Certification is attached as Exhibit D.
E.
Adopting Resolution: Section 420.9072, FS.
Original signed, dated, witnessed or attested adopting resolution is attached as
Exhibit E.
F.
Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G.
Ordinance: Section 420.907, F.S.
If changed from the original ordinance, a copy is attached as
Exhibit G.---Not Applicable
Interlocal Agreement: Section 420.9072, FS.
A copy of the Interlocal Agreement if applicable is attached as Exhibit H.
April 2007
- 21 -
"Ill "__""''''''_'''C
AOMINISTRATIVE BUOGET FOR EACH FISCAL YEAR
LHAP Template 6/06
Exhibit A Admin Budqet
Fiscal Year 2007-2008
Salaries and Benefits
Office Supplies and Equipment
Training, Travel, Perdiem Workshops, etc
Advertising, postage
Professional Services
Office Rent & Utilities
Total
Agenda Item No. 1602
September 15. 2009
Eltiiffipfx5
$257,000
$8,000
$8,000
$2,000
$3,297
$16,000
$294,297
Fiscal Year 2008-2009
Salaries and Benefits
Office Supplies and Equipment
Training, Travel Perdiem Workshops, etc
Advertising, postage
Professional Services
Office Rent & Utilities
Total
$257,000
$8,000
$8,000
$2,000
$3,297
$16,000
$294,297
Fiscal Year 2009-2010
Salaries and Benefits
Office Supplies and Equipment
Training, Travel Perdiem Workshops, etc
Advertising, postage
Professional Services
Office Rent & Utilities
Total
$30,000
$3,000
$2,500
$2,000
$3,686
$2,000
$43,186
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...._-_..~--Agend,rttemNo:t6D2.'-.--._.
September 15, 2009
Page 33 of 55
LHAP Template 6/06
Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County .
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis ofrace, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within
24 months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
bylaw.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
1
. '-.'.AgendaltemNo:t6D2""--.
September 15, 2009
Page 34 of 55
LHAP Template 6/06
Exhibit D
Page 2
Certification
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907 -9079 FS, and Rule Chapter 67-37 F AC,
and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or -K- has not
been implemented.
Witness
JAMES COLETTA, CHAIRMAN
Type Name and Title
\Vitness
-=Y ~S\ d-e<'J1
Date
OR
lciency
. Assistant ColiDty Attorney
2
-- -----------..--------- _.-. -"'-'-"---Jl;genCfa ltem-N'6~1'6"D2'''-- --.-
September 15, 2009
Page 35 ~f 55,\
E. ~~~I,;\- 'f:..
RESOLUTION NO_ 2007- %
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLlER COUNTY, FLORIDA, ADOPTING THE LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2007-2008,
2008-2009, AND 2009-2010, AS REQUIRED BY THE FLORIDA
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM;
UPDATING HOUSING STRATEGlES; ADDING NEW INCENTIVE
ST"RA TEGlES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Hllusing Act on July 7, 1992 (the "Act"), Section 420.907, er seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package tor statt: and local housing programs to better enable local governments to meet
their responsibilities for aftordable housing in accordance with their comprehensive
plans; and
WHEREAS, pursuant to the Act, (he State will allocate a portion of new and
existing documt:ntary stamp taxes on de.:ds to local govenunents for development and
maintenance of atlorduble housing; and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
enacted Collier CVWlty Ordinance No. 93-1 <) 011 April 13, 1993, codified as Article III of
Chapter 114 ufthe Collier County Code of Laws and Ordinances, known as the Collier
County Housing Initiatives Partnership (SHLP) Program; and
WHEREAS, through Resolution No. 2004-155, the Board of County
COIIllnissivoers ~doptoo a three year LOl.:ul Housing Assistance Plan (LHAP) outlining
the intended ust: llf SHIP funds tor fiscal years 2004-2005, 2005-2006, and 2006-2007;
and
WHEREAS, a new three year LOl.:al Housing Assistance Plan (LHAP) outlining
the intended ust: of SHIP funds for fiscal years 2007-2008, 2008-2009 and 2009-2010
must be adopted and submitted by May I, 2007"
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that the Collier Cuunty and City of Naples, FL State Housing
Initiatives Partnership (SHIP) Program LOl.:aJ Housing Assistance Plan (LHAP) for the
State of FlvriJa Fisc:al Years 2007-2008, 200S-2009, and 2009-20 I 0, a copy of which is
attached tv tilis Rc:solutiol1, is hereby adoptt.-d as set forth in such attachment.
Page lof2
------------A-genda-HemN07 t6&2.--.,---.
September 15, 2009
Page 36 of 55
1. Huuslng Strategies have bt:~n updated to reflect the changing needs of the
community.
2. llll;~mive Strategies have b~n added to reflect current policies that pertain
to aflordable housing.
3. The Housing Delivery Goals Chart of the 2008-2010 LHAP has been
updated to retlect the new strategies and changes to current strategies.
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its approval, and that it b~ re.;orded in the minutes of this Board.
This RC$<llulion adupted after rnOtlUI1, second and majority vote this 24th day of
April, 2007.
.,:,,!.'l.ry
A_~_ . ,,,,,,I~-
$~d;.t.:<-" ..
:~~\~~k
~'- Att~} .' ~hepA!ty Clerk
/ ."-" '.-"Il5: f-o \.hd irE4ft S
'. 1$'lgrr4.~.ur'l 001-
../1.. ~~ :,"t.
BOARD OF COUNTY COMMISSIONERS
:~LL~2;r~
J S C A, AN
A
Je
M
'slate 01 h..Oiil\)/\
.>>.Jllt'J of COWER
I HEREBY CERTIFY rrl.!.'J t1*i 13 a trua 8Ilf.'A
correct copy of a occ~m_ ..en'!' qg. ti/Q In
Soard Mlnui:as end r~';~l; eoeatr
WlTJ\l=-SS my n i1C t'r.~em. .~
~ayof . -
~; ~-"'. -~t;~ .'~ -
~Wt TE.eR~i\,;~~~~__~_.--~ ~
~ _~... m~ "',.;.,<itA ~
. c"c 3': -Cu\~~f0
Pag.: 2 of2
Agenda Item No. 1602
September 15, 2009
Page 37 of 55
LHAP Template 6/06
Exhibit F
STATE HOUSING INITIATIVES PARTNERSHIP (SI-llP) PROGRAM
INFORMATION SHEET
LOCAL GOVERNMENT: Collier County
CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): James Coletta. Chairman
ADDRESS: 3301 Tamiami Trail East
Naples. FL 34112
SHIP ADMINISTRATOR Marcy Krumbine. Director
ADDRESS: 3301 Tamiami Trail East
Naples. FL 34112
TELEPHONE: (239) 304-4230
FAX:(239) 403-2331
EMAIL ADDRESS:MarcyKrumbine@colliergov.net
ADDITIONAL SHIP CONTACTS: Frank Ramsey or Wendy Klopf
ADDRESS: Same as above
EMAIL ADDRESS:frankramsey@colliergov.netwendvklopf@colliergov.net
INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the interlocal agreement):
Yes. with City of Naples
The following informaion must be furnished to the Corporation before any funds can be disbursed.
LOCAL GOVERNMENT EMPLOYER FEDERAL ill NUMBER:
MAIL DISBURSEMENT TO:
ADDRESS:
OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE A IT ACHED FORM:
XX NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.
Provide any additional updates the Corporation should be aware of In the space below:
Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000
TALLAHASSEE, FL 32301 Fax: (850) 922-7253
.... -A:gendattemNo. ffi02""'-"
September 15, 2009
Page 38 of 55
EXHIBIT G
Ordinance: Section 420.907, F.S.
If changed from the original ordinance, a copy is attached as Exhibit G
NOT APPLICABLE
Agenda Item No. 1602
September 15, 2009
Page 39 of 55
t;~\t\ ~ \,~'t \\
Naples/Collier County
Local Housing Assistance Plan
FY 2008, 2009 & 2010
INTERLOCAL AGREEMENT
SHIP FUNDS
~ INTERLOCAL AGREEMENT (the "Agreement") made and entered into
this a~ day of June, 2007, by and between Collier County, a political subdivision
of the State of Florida, acting by and through its Board of County Commissioners, and
the City of Naples, a municipal corporation created and existing under the laws of the
State of Florida, acting by and through its City Council.
WITNESSETH:
WHEREAS, Section 420.9072, Florida Statutes (the "State Housing Initiatives
Partnership Program" or "SHIP"), authorizes monies in the Local Government Housing
Trust Fund (the "Fund") to be distributed to Collier County and eligible municipalities
within Collier County pursuant to an interlocal agreement; and
WHEREAS, Collier County is an approved county and the City of Naples is an
eligible municipality within Collier County; and
WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this
Agreement; and
WHEREAS, the parties have determined that SHIP funds can be more efficiently
utilized and managed when the parties work cooperatively to address the community's
affordable housing needs.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties agree as follows:
1. The monies in the Fund which are to be distributed to the County as
provided in Section 420.9073, Florida Statutes, shall be allocated jointly to the County
and the City for the purposes identified in the approved Local Housing Assistance Plan.
I
Agenda Item No. 1602
September 15, 2009
Page 40 of 55
The percentage of SHIP funds allocated to the two jurisdictions by the Florida Housing
Finance Authority is as follows:
City 7%
County 93%
These percentages are based upon the March 2007 estimated SHIP program allocation
distribution schedule for 2007-2008. The City of Naples may distribute a portion of its
allocation to housing activities within the Urban Housing Assistance Area as defined in
the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples, a
copy of which is attached hereto.
2. Unless otherwise extended, this Agreement shall expire on June, 30, 2010.
3. The parties direct that the Florida Housing Finance Corporation distribute
and allocate the monies in the Fund in accordance with this Agreement and authorize the
Corporation to rely on their stated intent and their authority to execute this Agreement.
4. During the term of this Agreement, both parties agree that they will not do
anything to jeopardize the other party's right to receive its allocation from the Fund.
5. The parties understand that the statute requires an incentive plan for
providing affordable housing and they agree to cooperate 10 ensuring that the
requirements and spirit of the statute are satisfied.
6. The parties recognize the contributions of the joint City/County
Affordable Housing Commission and agree to appoint members to this Commission. The
County's Housing and Human Services Department will be responsible for the overall
administration of the programs assisted with SHIP funds and shall receive administration
monies from the SHIP allocation. This allocation shall not exceed 10% of the total SHIP
allocation in accordance with Section 420.9075 (7), Florida Statutes and Collier County
Resolution 2007-96. The County will establish, administer, and audit a Local Housing
Assistance Trust Fund in accordance with Ordinance No. 93-19, as amended, and SHIP
requirements. In addition, the County will submit the required annual report on behalf of
the interlocal entities.
7. During the term of this Agreement, any party may give the other party
ninety days written notice that it wishes to renegotiate the terms of this Agreement, to be
effective on the first day of the next fiscal year. If the parties fail to reach a new
2
Agenda Item No. 16D2
September 15, 2009
Page 41 of 55
agreement prior to the commencement of the next fiscal year, this Agreement shall
terminate and be of no further force or effect, and the funds shall be allocated according
to population pursuant to Section 420.9072 and Section 420.9073, Florida Statutes.
8. If either party shall cease to be eligible for allocation and distribution,
such party's allocation of the funds shall remain in the Fund to be used by the
Corporation. Both parties acknowledge the SHIP enabling legislation, the rules
promulgated to implement same, and that the Statute and the rules are incorporated herein
as if they were reprinted.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
.,
AmST~.'.,-' ...
,.(;;' .},..sf:' ; ,'.. ..::-.1
. , {::r...
...
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
DATED: '. .
",
.""
~
BY:J~/:ftt-
atzkow,
sistant County Attorney
DATED:
CITY OF NAPLES, a municipal
corporation
ATTEST:
~~~
TARA NO AN, CITY CLERK
Approved as to form and legal
sufficiency: .
~U-~1t
Robert D. Pritt, City A omey
Item # '''' J) ''3
3
Agenda
Date Y.l2J.la 7
Date 1.J.,~I,,"7
Rec'd ~
~
018'6089
COlLJER COUIITY
~~
ccc-
~_Thi!l ~1:., mad. and entered. into thi.s
es. ~"';_
commissioners of Qollier coWQ~y, Florida, hareina!~.r called tha
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RECQ.:uJED DR BOOK
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001269
PAGE
. JI. 28 I'II:J: 20
/9...../_
day of
1994.,
by
and
the
Board of
c:ounl:Y
bet_n
" CounI:Y' , and the MAyor and. City council of the City of Naples,
Florida, hereipafter called. the 'City', is to" ensure coordination
bet_n the County and the City !:'egarding the development at
affordable bousing in the urban area.
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the
Florida
~,
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adopted
bet_om the ju:d.acU..ctiOJUl to illlPrave and develop
b.ouaing opportunities for LK[ (lev, moc1era1:.e
inCOllle} resident: II , and.
~
Agpn_daJ1~Jo 16D2
September 15, 2009
Page 42 of 55
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OR BOOK
00 I 270
PAGE
WHRRBS.
Policy 2-. of ehe Housillll lUellleJlc of l:he Cil:y of
lIaples' CoIIlprehenaiva I'lan stae.. ";oordlnac. and
cooperat4I wlth Callier OouDcy in seeking slces and
funding' for low and IIlOderat:e inco:ne hOllSing.
1IIObile no- areas and reloeacicn housing;. and
Objecr.lve 5 of the HousJ.Ag Slemen!; of Che City of
Maples' eomprebe:lsi.ve Plan sllat:es .coordinate
housing progr_ with oebar government
jurisdictione aDd the prlvate secCor for the
WR&:ll.BAS .
IIHIaO!AS .
1o"IIEREIUI .
issues
WK\l:R.EM .
plan
aD
..
and
the
LMX (low.
ch adopted Affo:rdmle
Kcrus!.ng Developaent St~1 and
2
-----Ageod.a.ltem-.J\1o,...16D2...____
September 15, 2009
Page 43 of 55
I
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September 15, 2009
Page 44 of 55
00l91\
OR BOOK
001211
PAGE
WHBRDS.
affordable housing located within the,City of
Na.ples and the urban area of Collier County
EllUtually
bel18fi ta
the
cieizelUl
of
both
juriadic:eions; and
WHEREAS.
intergovernmental coordination and cooperation
w~ll encourage the development of affordable
housing:
NOW, THEltEl'ORB. IN RECOGHITION OP THE APPROVAL ~ED BY nm
BOARD OF commr
SECrION 1.
which is
SECrION
County Road 951
and IDOra specific:all.y inc:~ud.i.ng the Ci.ty of Naple.
and the fol.l.owinq COl.J.j.er County Planning
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Agenda Itom NEh 1602
September 15, 2009
Page 45 of 55
001911
OR BOOK
001212
PAGE
SEC'l'IOIl1 J.
o-wutlea: Harth Naples. Cem:nl Naples. Gold.1t
Gate. E&lIt Raples. SOUth Naptes. Marco and ehe
U:bua Eatat_ as shovv. in Map li:xhiblt "A" and:
The C1ty aDd County agree to set a joint goal of
peradtting a taiai_ of 500 afforclahle dwelling
unita for nont or ~ershlp during eac:b. calendar
year. The_ units _ld be thou permitted within
tlw .,.... ....eribed in Secci._ 2. aDd Map EJchibit:
"A"; sad .....u.d be available to very low. low and
a rent or 8al.8
defined as
SIllCTIOR "
City
ord.t.mmc_
impact f.._ for
&ffo~le housing doweloplll&llta. Any future City
impact f_ shall be waivecl il! so &>>I:'ovided by the
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OR BOOK
001213
P>>\GE
SECTION 6.
iaq;>act fee ordinance. Th.. City aqrees co ",aive
City administrative planning review fee. and
building permit fees for projecca lIleet:ing che
affordable Ilouai.ng 8tandax:da of Section UO -83 of
the Code of ardinouu:e. of the City of Naple..
The Caunt:y agrees 1:0 vaiva or defer impact: fees
for affordable housing as provided for in each
County impact fee ordi.nance_
For the developlllltftt of a.ffordable housing
projects, the County and City agree to utilize
SECTION 7.
this Inurlocal Agra_t. the City and COIlnt:y
5
f
Age n d a Item Mo.....16.D 2
September 15, 2009
Page 46 of 55
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SJl.'C'1'IOll1 1.1..
will have adopted r8v1.1QD8 to cheir respective
Housing Ill_t. in theil:' Glrovth Manage_nt PlaJUl.
Theae revisiofts will direct Che City and County to
esCullah additional _clum.1..... fal:' coordinating
houaing affort:a in the urball area..
By Januaz:y ute, or ..,henevel:' Collier County is
cl.eaignatad. an entitlement county by the U.S.
Depart_nt of Housing and tJrbaIl" Devel.opmenl:, or
..hiehevl!:&' occurs firllt:, the County will. adopt: a
five-par eo..prehen.dve Housi.ng Affordabi1.ity
SEC'l'IOII 12.
SBct'rOR 13.
RousiDg
Housing
This t:rust fund
I>
Agp.ooaJtem..,No-16D2
September 15, 2009----
Page 47 of 55
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September 15,2009
Page 48 of 55
.~.
001911
OR BOOK
001275
PAGE
includes. but shall not. be limited eo, Cley ...nd
COunty SlllP f.....u which can be used to: (~)vaive
Qr defer COUnty road 111lp&ct fee.. and other siellar
County aDd City ~t e...: (2)financially aaaiat
in the coal: oC the conaeruction of affordable
housing. inciudi.l>g but not ii-ndted to land cost
and infraatrucl:ure costs, ll) provide first eime
twmebuyer'"
downpayment
amS
ciosU1g'
costs
assistance; or (4) other programs adopted by the
Board of County CoumisaiOD or Cley COuncil.
SECTIOIIJ 14.
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September 15, 2009
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QD the date _4 year tiat iitobcwe vr1tt_.
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legal sutt1ciency
Jkd. Ush/',-
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.....1.1:_1: CCNDI:Y 1o.1:t:omey
DATED: 712Q1M
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AgenGa-..J.ffim-.No. 1602
September 15, 2009
Page 50 of 55
Agenda Item No. 1602
September 15, 2009
Page 51 of 55
Section 47. In order to implement Specific Appropriation 1570 of the 2009-2010 General
Appropriations Act:
(1) The intent of the Leoislature is to ensure that residents of the state derive the
maximum possible economic benefit from the federal first-time homebuyer tax credit
created throuqh The American Recovery and Reinvestment Act of 2009 by providino
subordinate down payment assistance loans to first time homebuyers for owner-
occupied primary residences which can be repaid by the income tax refund the
homebuyer is entitled to under the First Time Homebuyer Credit. The state prooram
shall be called the "Florida Homebuyer Opportunity Prooram."
(2) The Florida Housino Finance Corporation shall administer the Florida Homebuyer
Opportunity Proqram to optimize elioibility for conventional. VA, USDA, FHA, and other
loan proorams throuoh the State Housino Initiatives Partnership prooram in accordance
with ss. 420.907-420.9079, Florida Statutes. and the provisions of this section.
(3) Prior to December 1, 2009, or any later date established by the Internal Revenue
Service for such purchases, counties and elioible municipalities receivino funds shall
expend the funds appropriated under Specific Appropriation 1570A only to provide
subordinate loans to prospective first-time homebuyers under the Florida Homebuyer
Opportunity Proqram. pursuant to this section, except that up to 10 percent of such
funds may be used to cover administrative expenses of the counties and elioible
municipalities to implement the Florida Homebuyer Opportunity Proqram, and not more
than .25 percent may be used to compensate the Florida Housinq Finance Corporation
for the expenses associated with compliance monitorino. The funds appropriated under
Agenda Item No. 1602
September 15, 2009
Page 52 of 55
Specific Appropriation 1570A may not be used for any other proqram currentlv existinq
under ss. 420.907- 420.9079, Florida Statutes. Thereafter, the funds shall be
1170 expended in accordance with ss. 420.907-420.9079, Florida Statutes.
(4) Notwithstandinq s. 420.9075, Florida Statutes, for purposes of the Florida
Homebuver Opportunity Proqram, the followinq exceptions shall applv:
(a) The maximum income limit shall be an adiusted qross income of $75,000 for sinqle
taxpayer households or $150,000 for ioint-filinq taxpayer households. which is equal to
that permitted bv the American Recovery and Reinvestment Act of 2009;
(b) There is no requirement to reserve 30 percent of the funds for awards to very-Iow-
income persons or 30 percent of the funds for awards to low-income persons;
(c) There is no requirement to expend 75 percent of funds for construction,
rehabilitation, or emerqencv repair; and
(d) The principal balance of the loans provided may not exceed 10 percent of the
purchase price or $8,000, whichever is less.
(5) Funds shall be expended under a newlv created strateqv in the local housinq
assistance plan to implement the Florida Homebuver Opportunity Proqram.
(6) The homebuver shall be expected to use their federal income tax refund to fullv
repay the loan. If the county or eliqible municipalitv receives repayment from the
homebuver within 18 months after the c10sinq date of the loan, the county or eliqible
municipalitv shall waive all interest charqes. A homebuver who fails to fullv repay the
loan within the earlier of 18 months or 10 days after the receipt of their federal income
tax refund, shall be subiect to repayment terms provided in the local housinq assistance
plan, includinq penalties for not usinq his or her refund for repayment. Penalties may not
...
Agenda Item No. 1602
September 15, 2009
Page 53 of 55
exceed 10 percent of the loan amount and shall be included in the loan aareement with
the homebuyer.
(7) All funds repaid to a county or eliaible municipality shall be considered "proaram
income" as defined in s.420.9071 (24), Florida Statutes.
(8) In order to maximize the effect of the fundina, the counties and eliaible municipalities
are encouraaed to work with private lenders to provide additional funds to support the
initiative. However, in all instances, the counties and eliaible municipalities shall make
and hold the subordinate loan.
(9) This section expires July 1, 2010.
A ~b- . ~A ~
Agenda Item No. 1602
September 15, 2009
Page 54 of 55
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1602
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign a Resolution amending the State Housing Initiative Partnership program
Local Housing Assistance Plan for Fiscal Years 2007-2008,2008-2009. and 2009-2010 to
implement the Florida Homebuyer Opportunity Program.
9/15/200990000 AM
Item Summary:
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 8/5/2009 9:03:53 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 8/5/2009 3:00 PM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 8/18/20099:01 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 8/19/20094:02 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/21/2009 9:06 AM
Approved By
Marlene J. Foord Grants Coordinator Date
Administrative Services Administrative Services Admin. 8/21/20092:06 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 8/24/2009 1 :51 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/26/2009 3:32 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 8/28/2009 11 :59 AM
..C':.1_.//0.\ ^ __~_.J_'T'__L\r:__~___.......\1""')1I Cl___L____L__.O/'""'ll\1C fl/'""'l(\"'lf\{\{'\\1f O/""'lAnr'\1t..TClr'1tr..T'T'O/"'A^01'l\.T
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Agenda Item No. 1602
September 15, 2009
Page 55 of 55
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
8/28/2009 1 :14 PM
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