Loading...
Backup Documents 12/01/2009 Item #17B COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 178 t ,: ~ To: Clerk to the Board: Please place the following as a: [gJ Normal legal Advertisement (Display Adv., location, etc.) o Other: ................................*.*..................................*.*...*.........._...........--_..._. On.inatin. DeDt! Div: Housing and Human Services Person: Frank Ramsey, Housing Manager Date: 10/22/2009 Petition No. (Ifnone.l!ive briefdescriotion): N/A Petitioner: (Name & Address): NIA Name & Address aranv oerson(s) to be notified bv Clerk's Office: (If more SORce is needed attach seearate sheet): N/A Hearin. before: BCC X BZA Other '( Reauested Hearin. date: (Based on advertisement anDearin. 10 davs befare hearin.): 11~ I~ I/'D'I pc'" e'~ Newsoaoer(s) to be used fComolete only ifimnortant): [gJ Naples Daily News o Other o Legally Required Prooosed Text (Include leeal descriotion & common location & Size): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Comoanion octition(s). ifanv & Deoeased hearine: date; N/A Does Petition Fee include advertisine: cost? Yes If Yes, what account should be charged for advertising costs: R~edbn n ;l1/~~~ ~~ 4500110371 Division Administrator or /O/2J!r;/j Date I f List Attachments: Ordinance 17B DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to eomplete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to o Clerk's Office o Requesting Division o Originnl B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *.--..*-..---....*..*---.-*.-.-.-.-..---.--.....*.-.**-..-*--.-**--.--.-------.----.**-----.-*--.-..-..-..- FOR CLERK'S OFFICE USE ONLY' ,,, 1./ M. ,./,,_,.. Date Received: ~ Date of Public bearing: ~ Date Advertised: ~ 178 Q'1 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE 1Il OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 30, 2008, Public Law 100-289, Title 111 of Division B of the Housing and Economic Recovery Act of 2008 appropriated $3.92 billion dollars for the redevelopment of abandoned and foreclosed homes and residential properties for a program commonly referred to as the Neighborhood Stabilization Program; and WHEREAS, on March 24, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program grant agreement with the Unitcd States Department of Housing and Urban Development to accept $7,306,755 in federal funding for activities to benefit Collier County; and WHEREAS, on March 24, 2009, later amended on October 27, 2009, the Board of County Commissioners approvcd the Neighborhood Stabilization Program Administrative Plan to provide the policies and procedurcs for operating the Neighborhood Stabilization Program; and WHEREAS, as a condition of accepting Neighborhood Stabilization Program funding, Collier County must expend or commit all funds within eighteen (18) months of execution of the grant agreement with the United States Departmcnt of Housing and Urban Developmcnt; and WHEREAS, the Housing and Economic Recovery Act of 2008, the grant agreement and applicable federal regulations provide the standards and conditions for the acquisition, improvement and disposition of properties acquired under the Neighborhood Stabilization Program; and WHEREAS, Section 125.35, Florida Statutes, containing the general provisions govcrning the acquisition and disposition of properties by local governments, and the federal regulations governing the Neighborhood Stabilization Program are not directly compatible; and WHEREAS, Section 125.35(3), Florida Statutes, provides that Collier County may enact an ordinance for the acquisition and disposition of real property that meets the minimum standards and procedures set forth therein; and Page 1 of4 17B WHEREAS, in order to comply with the federal regulations relating to the acquisition and subsequent conveyance of properties assisted under the Neighborhood Stabilization Program to income qualified persons or households, as defined by the United States Department of Housing and Urban Devclopment, this Ordinance is adopted as an alternative to the provisions of Section 125.35 (I) and (2), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING NEIGHBORHOOD STABILIZATION PROGRAM REAL PROPERTY A. Housing and Human Services will maintain a list of Neighborhood Stabilization Program residential properties available for sale or rental to income qualified persons or household, a list of residential properties actively being rehabilitated, and an estimated availability date for all Neighborhood Stabilization Program residential properties. B. Housing and Human Serviccs will market the available residential properties through a variety of public and privatc resources including, but not limited to, newspaper advertisement, Collier County's government website, social networking internet websites, Collier County TV, housing expos, or any other available resourcc. C. Housing and Human Services shall provide reasonable public notice of the intent to consider final disposition of Neighborhood Stabilization Program residential properties. Such notice shall be presented as an item on the Board of County Commissioners consent agenda. D. All persons interested in purchasing a residential property assisted under the Neighborhood Stabilization Program shall be pre-qualified by Housing and Human Services. Furthermore, Housing and Human Services will maintain a list of potential purchasers, arranged in chronological order of qualification. E. Purchasers of residential propcrty assisted under the Neighborhood Stabilization Program must have a household income not greater than 120 percent of the local area median income (Naples- Marco Island metropolitan statistical area). F. Applicants will be served on a first-come, first-served basis once eligibility and readiness to purchase has been established. G. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). In accordance with federal regulations, no residential property assisted under the Neighborhood Stabilization Program may be sold for more than the sum of the aforementioned costs. H. Applicants must obtain a first mortgage, as needed, conforming to the loan conditions and requirements as determined by Housing and Human Services. Page 2 of4 17 BI1~. L Upon determination of a proposed conveyance, Real Property Management will prepare a standard Agreement for Sale and Purchase incorporating all details of the transaction. Each Agreement for Sale and Purchase shall be approved by the Director of Housing and Human Services, or his/her dcsignee, and by the County Attorney's Office for form and legal sufficiency. Such approval shall be made prior to execution of said agreement. 1. Purchasers shall be responsible for all closing costs involved in any property transfcr, and the Agreement for Sale and Purchase will reflect this provision. K. Following appropriate approval, Real Property Management shall supervise the execution of thc Agreement for Sale and Purchase. Purchasers must provide at least One Thousand and 00/100 Dollars ($1.000.00) earnest money deposit at the time of purchaser's execution of the Agreement for Sale and Purchasc. L Earnest money deposits will be held by the title company or closing agent selected by Real Property Management to assist in the closing of each individual transaction. Any title company or closing agent selected shall be a County approved vendor. M. Real Property Management will prepare andlor review all documentation required for the closing of transfer transactions, and will coordinate with the County Attorney's Office to obtain approval of all documents for form and legal sufficiency. Real Property Management will obtain proper execution of all documents. N. The Chairman of the Board of County Commissioners is authorized to execute Agreements for Salc and Purchase, Statutory Deeds, and any and all other documents necessary for the transfer of rcsidential properties in accordance with the Neighborhood Stabilization Program Administrativc Plan. O. Real Property Management will coordinate and supervise the title company or closing agent to assure proper closing of all transfer transactions, and will deliver closing proceeds as Housing and Human Services shall direct. P. Proceeds from the transfer of properties are considered program income as described in the Neighborhood Stabilization Program Administrative Plan. Q. If a property is transferred to a non-profit provider of affordable housing and subsequently rented, the maximum affordable rent shall not exceed the Fair Market Rents as published annually by the United States. Department of Housing and Urban Development for the Naples- Marco Island metropolitan statistical area. Any revenue in excess of allowable costs shall be returned to Collicr County as program income. R. Collier County shall comply with Collier County development codes and any applicablc zoning ordinance(s) when disposing of Neighborhood Stabilization Program residential properties. S. Neighborhood Stabilization Program residential property may be sold or conveyed to qualified non-profit organizations for reduced or no monetary consideration if it is determined that the organization can serve the rental or homeownership needs of qualified persons or households. Any such transfer must be approved by the Board of County Commissioners. Page 3 of4 17B T. Thc provisions contained herein are the minimum disposition standards and procedures to be used by Collier County in selling and conveying Neighborhood Stabilization Program real property. The provisions may be further implemented by the Neighborhood Stabilization Program Administrative Plan, as amended, and approved by the Board of County Commissioners. U. Housing and Human Services will maintain copies of all Neighborhood Stabilization Program documents that are required to be maintained. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall bc deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this lOth day of November, 2009. ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK DONNA FIALA, CHAIRMAN Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney Page 4 of4 178 Patricia L. MorQan From: Sent: To: Cc: Subject: RamseyFrank [FrankRamsey@colliergov.net] Thursday, October 29,200910:49 AM Patricia L Morgan; ZimmermanSue; Moll, Toni; whitejennifer Martha S. Vergara RE: Request for Legal Advertisement Thank you. We will schedule this item for the BCC meeting on 12(1(09. I appreciate the efforts of everyone involved. Frank "Buddy" Ramsey Housing Manager Phone: 252-2336 Fax: 252-6542 Under Florida law, email addresses are public record. If you do not want your email address to be released in response to a public records request, do not communicate with this entity via electronic mail, Please contact the office by telephone or in writing. From: Patricia L Morgan [mailto:patricia.morgan@collierclerk.com] Sent: Thursday, October 29, 2009 10:46 AM To: RamseyFrank; ZimmermanSue; motet; whitejennifer Cc: Martha S. Vergara Subject: RE: Request for Legal Advertisement Good Morning Everyone, We are WAY PAST our deadline with NDN. Our deadline was Tuesday afternoon and it is now Thursday (almost afternoon). We can try to get it into NDN, but it will probably NOT be tomorrow. They have already started their typesetting and are probably close to finished for tomorrow's edition. We can try for Saturday or you can wait until the next Bee meeting which is December 1. We have been having a number of issues with NDN not getting things published anyway, so we really shouldn't throw things at them last minute... or past deadline. We are just asking for problems then. The ad request looks like it was signed on 10/23/09 and with the Bee's approval to advertise last Tuesday, why wasn't it sent then? Please review and see if the next meeting (12/01/09) works for you. Let us know as soon as possible. Trish Morgan, BMR Manager Clerk to the Board and VAB Minutes and Records Department (239)252-8399 Phone (239)252-8408 Fax patricia. mo rga n@lcollierclerk.com From: Martha S. Vergara Sent: Thursday, October 29, 2009 10:40 AM To: Patricia L Morgan Subject: FW: Request for Legal Advertisement Importance: High From: ZimmermanSue [mailto:SueZimmerman@colliergov.net] Sent: Thursday, October 29, 2009 10:31 AM To: Martha S. Vergara Cc: Matt, Toni; whitejennifer Subject: FW: Request for Legal Advertisement Importance: High 178 Martha: THANK YOU!! Sue From: RamseyFrank Sent: Thursday, October 29, 2009 10:29 AM To: ZimmermanSue Subject: Request for Legal Advertisement Here is the fully executed form, with PO number. Thanks Frank "Buddy" Ramsey Housing Manager Coilier County Housing & Human Services 3301 E. Tamiami Trail Naples, Florida 34112 Phone (239) 252-4663 Fax (239) 252-6542 fran kra msev (a)coll iergov. net Under Florida law, emai/ addresses are public record. If you do not want your email address to be released in response to a public records request, do not communicate with this entity via electronic mail. Please contact the office by telephone Of in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electranic mail to this entity. Instead, contact this office by telephone or in writing. 178 Acct # 068784 November 4, 2009 Attn: Legals Naples News Media Group 1100 lmmokalee Road Naples, Florida 34110 Re: Minimum Standards for NSP Dear Legals: Please advertise the above referenced notice on Friday, November 20, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500110371 178 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 1, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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 5 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. 178 Assisted listening devices for the hearing impaired ate available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 1-78 , Martha S. Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Friday, November 06, 2009 2:34 PM Naples Daily News Legals Minimum Standards for NSP Ord.Minimum Standards for NSP (12-1-09).doc; ORD. Minimum Standards for NSP (12-1-09).dot Legals, Please advertise the following attached ad on Friday, November 20,2009. 5end an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. veroa ra(cilcoll ierclerk.com) 1 178 . .' Martha S. Vergara From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Friday, November 06, 2009 2:34 PM Martha S. Vergara Delivery Status Notification (Relay) ATT123934.txt; Minimum Standards for NSP This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 178 J '-I Martha S. Vergara From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Monday, November 09, 20091:12 PM Martha S. Vergara RE: Minimum Standards for NSP ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Friday, November 06, 2009 2:34 PM Posted To: Legals - NDN Conversation: Minimum Standards for NSP Subject: Minimum Standards for NSP Legals, Please advertise the following attached ad on Friday, November 20,2009. 5end an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqara(cilcoll ierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic moil to this entity. Instead, contact this office by telephone or in writing. 1 178 J :r- Ann P. Jennejohn From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Friday, November 20,200912:11 AM Ann P. Jennejohn Thank you for placing your classified advertisement Ad # 1825427 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 1, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD ST ABILIZA TION PROGRAM; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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 5 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired ate available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) November 20,2009 No] 825427 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+---- BCC/CDES BUDGET OFFICE CLERK OF CIRC. COURT SARA SCHNEEBERGER POBOX 413044 NAPLES FL 34101 REFERENCE: 068784 59596730 P.O. #4500110371 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/20 11/20 AD SPACE: FILED ON: 72 LINE 11/20/09 ----------------------~--------:------------+----. Signature of Affiant ~ 178 , , :~ing to speak I.,~,~isterwith pr!Or'to~e- .,to,be wiltbe' . "n. .....'_ on "'i_" ~ 'teOOgnized ,by the o.al~,,:.'~rson for a group or or\Wllntlon' maybe allOtted--ro-' minutesto spe,ak on an ltem._ . Pe-rsons wlshing ,to have written or graphic materjals included' In the Board Ig$lda packeu must submit saki mateftal '. 'minimum of 3 weeks Pl'iof'to.....' ~." _, ,'publlche8rlhg~ In~,,_/~'maten.ts Intended to .obl' ~~ ..ti:t tn. Board, shall be wbWfitWdu)/ 'tl'r, 'app'~t:!ati!, County ~ff it minimum of seven'daYi prior to thepublk hellr~. All material used iD"pll:S.n~~_ gefore 'the BoJrd' wlH becomea. ~nei1t part Of the reo ~d:" " . Not825427 - - - Sworn to and Subscribed before this d-.S-+h.. day of (\J",<JeiMo"t>eV 20Ct1. Personally known by me ) ,"""" ~~t~.,Jl,Y "U~"" KAROL E KANGAS f~ *- ~~."('% Notary Public - State of Florida ~: 4<.. .* :~ My Comm. Expires Ju129, 2013 ",z;~ 0/ \>o~~,~ Commission # DO 912237 ",,,,,,,., 178 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Otlice only after the Hoard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through rautinp' lines # I throu~h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 12/01/2009 /1 2. Chairman Donna Fiala Board of County Commissioners 3. 4. 5. Ian Mitchell, Executive Manager Board of County Commissioners ;{~ 11.-10\ b~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive summary Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only attcr the Bee has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was 12/01/2009 A roved b the BCC Type of Document Attached INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials arc re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. -----::1/ Some documents are time sensitive and require forwarding to Tallahassee within a certain r fr.--. time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/01/2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Ucable. Frank Ramsey, Housing Manager Phone Number 252-2336 17-B L Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Agenda Item Number Ordinance Number of Original Documents Attached 1. 2. 3. 4. 5. 6. MEMORANDUM Date: December 11, 2009 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2009-63 Enclosed please find a copy, as referenced above (Agenda Item #17B), which were approved by the Board of County Commissioners on Tuesday, December 1, 2009. The Minutes & Records Department has retained the original Resolution for the Board's Records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures (3) 178 MEMORANDUM Date: December 11, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009-62,2009-63,2009-65, 2009-66,2009-67,2009-68 and 2009-69 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, December 1,2009. If you should have any questions, please call me at 252-8411. Thank you. Attachments 178 .:." ., 178 ORDINANCE NO. 2009 _ 63 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR INCLlTSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 30, 2008, Public Law 100-289, Title III of Division B of the Housing and Economic Recovery Act of 2008 appropriated $3.92 billion dollars for the redevelopment of abandoned and foreclosed homes and residential properties for a program commonly referred to as the Neighborhood Stabilization Program; and WHEREAS, on March 24, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program grant agreement with the United States Department of Housing and Urban Development to accept $7,306,755 in federal funding for activities to benefit Collier County; and WHEREAS, on March 24, 2009, later amended on October 27, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program Administrative Plan to provide the policies and procedures for operating the Neighborhood Stabilization Program; and WHEREAS, as a condition of accepting Neighborhood Stabilization Program funding, Collier County must expend or commit all funds within eighteen (18) months of execution of the grant agreement with the United States Department of Housing and Urban Development; and WHEREAS, the Housing and Economic Recovery Act of 2008, the grant agreement and applicable federal regulations provide the standards and conditions for the acquisition, improvement and disposition of properties acquired under the Neighborhood Stabilization Program; and WHEREAS, Section 125.35, Florida Statutes, containing the general provisions governing the acquisition and disposition of properties by local governments, and the federal regulations governing the Neighborhood Stabilization Program are not directly compatible; and WHEREAS, Section 125.35(3), Florida Statutes, provides that Collier County may enact an ordinance for the acquisition and disposition of real property that meets the minimum standards and procedures set forth therein; and Page 1 of 4 178 WHEREAS, in order to comply with the federal regulations relating to the acquisition and subsequent conveyance of properties assisted under the Neighborhood Stabilization Program to income qualified persons or households, as defined by the United States Department of Housing and Urban Development, this Ordinance is adopted as an alternative to the provisions of Section 125.35 (l) and (2), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING NEIGHBORHOOD STABILIZATION PROGRAM REAL PROPERTY A. Housing and Human Services will maintain a list of Neighborhood Stabilization Program residential properties available for sale or rental to income qualified persons or household, a list of residential properties actively being rehabilitated, and an estimated availability date for all Neighborhood Stabilization Program residential properties. B. Housing and Human Services will market the available residential properties through a variety of public and private resources including, but not limited to, newspaper advertisement, Collier County's government website, social networking internet websites, Collier County TV, housing expos, or any other available resource. C. Housing and Human Services shall provide reasonable public notice of the intent to consider final disposition of Neighborhood Stabilization Program residential properties. Such notice shall be presented as an item on the Board of County Commissioners consent agenda. D. All persons interested in purchasing a residential property assisted under the Neighborhood Stabilization Program shall be pre-qualified by Housing and Human Services. Furthermore, Housing and Human Services will maintain a list of potential purchasers, arranged in chronological order of qualification. E. Purchasers ofresidential property assisted under the Neighborhood Stabilization Program must have a household income not greater than 120 percent of the local area median income (Naples- Marco Island metropolitan statistical area). F. Applicants will be served on a first-come, first-served basis once eligibility and readiness to purchase has been established. G. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). In accordance with federal regulations, no residential property assisted under the Neighborhood Stabilization Program may be sold for more than the sum of the aforementioned costs. H. Applicants must obtain a first mortgage, as needed, conforming to the loan conditions and requirements as determined by Housing and Human Services. Page 2 of4 178 L Upon determination of a proposed conveyance, Real Property Management will prepare a "As- Is" Contract For Sale And Purchase incorporating all details of the transaction. Each "As-Is" Contract For Sale And Purchase shall be approved by the Director of Housing and Human Services, or his/her designee, and by the County Attorney's Office for form and legal sufficiency. Such approval shall be made prior to execution of said contract J. Purchasers shall be responsible for all closing costs involved in any property transfer, and the "As-Is" Contract For Sale And Purchase will reflect this provision. K. Following appropriate approval, Real Property Management shall supervise the execution of the "As-Is" Contract For Sale And Purchase. Purchasers must provide at least One Thousand and 00/1 00 Dollars ($1.000.00) earnest money deposit at the time of purchaser's execution of the "As-Is" Contract For Sale And Purchase. L Earnest money deposits will be held by the title company selected by Real Property Management to assist in the closing of each individual transaction. Any title company selected shall be a County approved vendor. M. Real Property Management will prepare and/or review all documentation required for the closing of transfer transactions, and will coordinate with the County Attorney's Office to obtain approval of all documents for form and legal sufficiency. Real Property Management will obtain proper execution of all documents. N. The Chairman of the Board of County Commissioners is authorized to execute "As-Is" Contracts For Sale And Purchase, Statutory Deeds, and any and all other documents necessary for the transfer of residential properties in accordance with the Neighborhood Stabilization Program Administrative Plan. O. Real Property Management will coordinate with the title companies and/or closing agents to assure proper closing of all transfer transactions, and will deliver closing proceeds as Housing and Human Services shall direct P. Proceeds from the transfer of properties are considered program income as described in the Neighborhood Stabilization Program Administrative Plan. Q. If a property is transferred to a non-profit provider of affordable housing and subsequently rented, the maximum affordable rent shall not exceed the Fair Market Rents as published annually by the United States Department of Housing and Urban Development for the Naples- Marco Island metropolitan statistical area. Any revenue in excess of allowable costs shall be returned to Collier County as program income. R. Collier County shall comply with Collier County development codes and any applicable zoning ordinancc(s} when disposing of Neighborhood Stabilization Program residential properties. S. Neighborhood Stabilization Program residential property may be sold or conveyed to qualified non-profit organizations for reduced or no monetary consideration if it is determined that the organization can serve the rental or homeownership needs of qualified persons or households. Any such transfer must be approved by the Board of County Commissioners. Page 3 of 4 178 T The provisions contained herein are the minimum disposition standards and procedures to be used by Collier County in selling and conveying Neighborhood Stabilization Program real property. The provisions may be further implemented by the Neighborhood Stabilization Program Administrative Plan, as amended, and approved by the Board of County Commissioners. U. Housing and Human Services will maintain copies of all Neighborhood Stabilization Program documents that are required to be maintained. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, F]orida, this I" day of December, 2009. ATTEST: ., DWIGHT:E.BROCK, c;LERK ~....,.,: ...'. .', '~ -\, ~~ERK I f9ltlt ":'. "0' I Approva~~to1r'nl:!Miriega] Sufficiency: Jennife~~~ )~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER~UNTY, FLORIDA /.1 I' A f,n.-Yr'-". <L(~ By: I DONNA FIALA, CHAIRMAN ]2/01/2009 Page 4 of 4 178 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-63 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~ Teresa Deputy