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Resolution 2007-203 RESOLUTION NO. 2007---2.Q3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A VALID PUBLIC PURPOSE FOR ACCEPTING VOLUNTARY DONATIONS FOR AFFORDABLE- WORKFORCE HOUSING MADE DIRECTLY TO THE COUNTY, ESTABLISHING AN AFFORDABLE-WORKFORCE HOUSING TRUST FUND AND PROVIDING GENERAL GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE- WORKFORCE HOUSING TRUST FUND. RECITALS WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") has determined that the public health, safety and general welfare requires the implementation of an affordable-workforce housing program for the following purposes: a. To implement the goals, objectives and policies of the Collier County Comprehensive Plan; b. To provide housing opportunities for Collier County families in order to meet the existing and anticipated housing needs of such persons and to maintain a more balanced socio-economic mix in the community; c. To assist in satisfying the community's obligation to ensure that a fair share of the community's housing production is affordable to Collier County families; d. To provide for a range of home ownership opportunities for those who work in Collier County and who provide the community with essential services but presently cannot afford to purchase a home within the community; and e. To provide an opportunity for developments which create additional affordable-workforce housing demands within Collier County to share in the responsibility to provide affordable-workforce housing. WHEREAS, the Board has directed staff to develop an inclusionary zonmg ordinance and related affordable-workforce housing mitigation fee for Board consideration; and WHEREAS, from time to time, voluntary donations for affordable-workforce housing or as a credit against any affordable-workforce housing mitigation fee that might be adopted in the future are made directly to the County; and WHEREAS, the Board finds that there is a valid public purpose for accepting such voluntary donations for affordable-workforce housing; and WHEREAS, the Board also finds that such voluntary donations for affordable- workforce housing should be maintained in a trust fund with the use of such mOnies limited to meeting affordable-workforce housing needs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE. PUBLIC PURPOSE. The Board hereby declares that a valid public purpose exists for accepting voluntary donations for affordable-workforce housing and that such donations should be deemed to be a credit against any affordable-workforce housing mitigation fee, including fees in lieu of any inclusionary zoning obligation, that may be adopted in the future. SECTION TWO. AFFORDABLE-WORKFORCE HOUSING TRUST FUND. There shall hereby be established an Affordable-Workforce Housing Trust Fund (sometimes referred to hereafter as the "Fund"). All voluntary donations made directly to the County for affordable-workforce housing shall be deposited into the Fund either upon the day of receipt or the next business day following receipt. The Fund shall be maintained in an interest bearing account and any interest derived from deposits in the Fund shall follow and remain with the Fund. Any recaptured monies, e.g., repayments on loans, shall also be deposited in the Fund. Monies in the Fund, including interest and recaptured monies, shall be disbursed according to the 2 eligible uses as set forth in this Resolution and as approved by the Board and administered by the Housing and Human Services Department staff. SECTION THREE. USE OF AFFORDABLE-WORKFORCE HOUSING TRUST FUND MONIES. Collier County shall use the funds deposited within the Fund for the following purposes, including but not limited to the options set forth in numbered paragraphs 1-8 in this Section. Annually, the staff of Housing and Human Services will solicit project proposals from local nonprofit organizations and "for profit" developers as well as indi viduals. Staff will review and score the projects based on established criteria. The staff recommendations for funding of specific options and projects will be presented annually to the Board of County Commissioners for approval. An annual application workshop will be conducted to provide technical assistance to applicants and address any issues or concerns. All projects will be secured by a contractual agreement developed in conjunction with the County Attorney Office. Each such Agreement shall be submitted to the Board for approval and, following approval, shall be signed by the Chairman. Applications for assistance for the individual home buyer will be accepted and reviewed throughout the year by Housing and Human Services staff. Availability of funds and applicant income verification would determine approval. Options for use of Fund monies may include: 1. Down Payment Assistance - for units located in Collier County. Units must be primary residence and homesteaded. Residency will be verified annually. Available to households earning between 81-150% of the Median Family Income as determined by the Department of Housing and Urban Development. The maximum 3 deferred loan amount is $50,000. All participants must attend a recognized homebuyer education program. This loan would not be forgivable. 2. Impact Fee Relief - for units being developed within Collier County who are serving households between 81-150% of the Median Family Income as determined by the Department of Housing and Urban Development. Unit must be primary residence and homesteaded. Residency will be verified annually. This loan would not be forgivable. 3. Land Acquisition - For proposed rental and homeownership projects targeting households earning below 150% of the Median Family Income as determined by the Department of Housing and Urban Development. Deed and land use restrictions must be recorded. Construction and occupancy requirements will be based on the size of the project. Applicant must apply for the applicable incentives and provide documentation. This loan would not be forgivable. 4. Construction Loans - For proposed rental and homeownership projects targeting households earning below 150% of the Median Family Income as determined by the Department of Housing and Urban Development. Applicants may be non-profit organizations, for profit developers or individual first time homebuyers. 5. Community Land Trust - For acquiring land, existing homes and/or establishing land trust(s) with local non-profit organizations and/or developer partners or county govemment. Down payment assistance for buyers who purchase homes in the CLT. Targeting households below 150% of the median income. 6. Homebuyer Education and Counseling - For non-profit organizations interested in delivering on-going programs to help prepare first time home buyers of all income categories for homeownership. Annual contracts will be based on specific 4 deliverables including subject matter, diverse geographical coverage and availability of programs. 7. Disaster Recovery and Mitigation - Emergency specific disaster recovery initiatives will be presented to the Board to address housing needs for households below 150% of the Median Family Income based on the extent of the need. Assistance may include providing temporary housing for our most vulnerable populations after a disaster strikes, supplemental funding to organizations that house disaster victims and/or providing disaster mitigation funds to individual homeowner or organization projects. 8. A maximum of 10% of collections may be used to monitor, administer and oversee the Program. 9. As may be required by any stipulation or agreement with the donor provided the funds are used to meet affordable-workforce housing needs as determined by the Board. First preference in receiving assistance from the Fund for allowed options or uses shall be given to applicants who have not received assistance from other affordable- workforce housing programs administered by Housing and Human Services during the same budget year. SECTION FOUR. REPORTING RESPONSIBILITIES. A staff report on the receipt and uses of funds donated for affordable-workforce housing and deposited into the Fund will be presented to the Affordable Housing Commission on a quarterly basis and to this Board yearly. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 5 This Resolution adopted after motion, second and majority vote, this 25th day of July, 2007. ATTEST: DWIGHT E. BROCK, CLERK ~ ~1t8ti:....,to~~~rf Sf",.tur'f oa 1 · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ByL~1I/U . JA ES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ W!UI-- Michael W. Pettit Chief Assistant County Attorney 06-cps-0038 1/595 6