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Ordinance 2008-17 0'2-\2223<<1 "OJ 'V '" .?6'~ ~ T ~ ~ c.> ;E [~PR 2008i ~ ORDINANCE NO. 2008.~ ~ , D[('[l\'t\bN ~ INANCE OF THE BOARD OF COUNTY COMMISSIONERS ~c' I\lllll' 0 OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. <'~~O ji;. 5, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER "6&l9S'\7~ ,ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION ONE TO RENAME THE AFFORDABLE HOUSING COMMISSION TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE; BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION," IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS," TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. -, C--_.l ,'.::. ,- c > ,- ~,:> ", "'" .." -D ::.{} ,- -- ;", .::.."'"' j ,~.n [--, nl '~;-1 7.78 ~~--1 .. :2.: ;~::; , \.D C"', .. -,' r,.'J C:J -." .;:- );. p: WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission ("Commission"); codified as Chapter 2, Article VIII, Division 9 of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04-77 and 05- 69; and WHEREAS, in 2007, the Florida Legislature amended Section 420.9076, Florida Statutes, as it relates to the Affordable Housing Advisory Committee, by increasing the required membership and revising membership criteria; and W~REAS, the Board of County Commissioners desires to amend Ordinance 91-65, as previously amended, to provide consistency with these revised statutory provisions, to change the name of the Commission to the Affordable Housing Advisory Committee, as such committee is referred to in the Statute; and amend Section Eight of the Ordinance, "Duties of Department , Heads," to correctly reference the Director of Housing and Human Services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 91-65, as amended, is hereby amended to read as follows: SECTION ONE. Creation of the Affordable Housing Advisorv Committee CQmmissieR. The Affordable Housing Advisorv Committee CO!fl!flissieR (hereinafter referred to as the "Committee" "Ce!fl!flissioR" is hereby created. SECTION TWO. Appointment and Composition. A. The Committee Ce!fl!flissioR shall be composed of RiRs (9) eleven fl!l voting members and one (1) Alternate member, of which the Board of County Commissioners shall appoint ei-gRt nine (9) members, as well as iRsIHaiRg the Alternate member, I'Ne ef wlliell !fIlIst live iR Ille RlIFIll ,A.rea (East ef Collier Words Underlined are added; Words Simek Tllfellgll are deleted. Page 1 of 5 BOlllevara), lIRa one of these which must be a resident of lmmokalee, The Naples City Council shall appoint two members. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The Committee CelfllRissioR shall be 6elflllAsea composed of members from the County-at-large, the City of Naples-at-large, Ille devllloplfleRt eelRlfluRity, aff-oraalJls lleusiRg pTOviasrs, fiRaReial iRstitlltioRs, tlls lsgal pr-ofessieR aRa Fsalters and shall be comprised as follows: (1) One citizen who is activelv engaged in the residential home building industrv in connection with affordable housing. (2) One citizen who is actively engaged in the banking or mortgage banking industrv in connection with affordable housing. (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is activelv engaged as an advocate for low-income persons in connection with affordable housing. (5) One citizen who is activelv engaged as a for-profit provider of affordable housing. (6) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (7) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (8) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. Florida Statutes. (9) One citizen who resides within the iurisdiction of the local governing body making the appointments, (10) One citizen who represents employers within the iurisdiction. (11) One citizen who represents essential services personnel. as defined in the local housing assistance plan. B. Members of the Committee COlfIlRissioR appointed by the Board of County Commissioners shall serve at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Committee COffiHlissioR shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. SECTION THREE. Terms of office. Words Underlined are added; Words Stmck Tllreugll are deleted. Page 2 of 5 The initial terms of office of the Affordable Housing Advisory Committee C8IRHllssioR members shall be as follows: A. The Board of County Commissioners shall appoint: 1) Two members to serve for one year. 2) One member to serve for two years. 3) Four members to serve for three years. B. The Naples City Council shall appoint: 1) Two members to serve for three years. Thereafter, each appointment or reappointment shall be for a term of three years. A member of the Committee eOlflIRissi8R may be reappointed by the Board of County Commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee eOlfllflissioR shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal from office; failure to attend meetings. A. Any member of the Affordable Housing Advisorv Committee e81RlflissioR may be removed from office, with or without cause, by a majority vote of the governing body appointing said member. B. If any member of the Committee eOlfllflissioR fails to attend two (2) consecutive Committee eOlfllflissioR meetings without a satisfactory excuse or if a member is absent from more than one-half of the Committee's c81f1lf1issioR's meetings in a given fiscal year, the Committee eommissioR shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners or the Naples City Council, as applicable. SECTION FIVE. Officers; quorum; rules of procedure. A. Annually the membership of the Affordable Housing Advisory Committee eOlfllflissiElR shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. B. The presence of six fWe or more members shall constitute a quorum of the Committee 6olflmissioR necessary to take action and transact business. In addition, an affirmative vote of six fWe or more members shall be necessary in order to take official action, regardless of whether six fWe or more members of the Committee eOlflIRissi8R are present at the meeting. ' C. The Committee eOlfllflissioR shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Words Underlined are added; Words Stfllek Tllrougll are deleted. Page 3 of 5 Committee e81f1Ff1issioR minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners and the Naples City Council. D. All Committee 681f11f1issiElR meetings shall be open to the public. SECTION SIX. Reimbursement of expenses. Members of the Affordable Housing Advisory Committee eOIRFflissioR shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of both the Board of County Commissioners and the Naples City Council. SECTION SEVEN. Functions, powers and duties. The functions, powers and duties of the Affordable Housing Advisory Committee COlRmissioR shall be as follows: (1) The Committee eommissioR shall monitor and advise the Board of County Commissioners and the City Council regarding the goals, objectives, and policies of the County's housing element in the County's Growth Management Plan and the City's Comprehensive Plan, and any other program, means, or directives which would assist or encourage the provision of affordable housing in Collier County and its municipalities. (2) The Committee eOlfllRissioR shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the housing element of the Growth Management Plan of Collier County. (3) The Committee eOIRmissi8R shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council, as appropriate. (4) The Committee eommissioR shall review and comment on the County's federal entitlement grant programs, policies, and proposals. (5) The Committee eOIR1fI1SSlOR shall receive a presentation from all applicants seeking rezoning approval by the Board of County Commissioners. (6) The Committee e81f11f1issioR shall investigate any other relevant areas so directed by the Board of County Commissioners. SECTION EIGHT. Duties of department heads. The duties of the Director of Housing and Human Services OllsFIltioRal Sllll1l8R lIRa llollsiRg air-eetor and the Naples Community Development Director, or their designees, shall be: Words Underlined are added; Words Stfllek TIlF8l1gll are deleted. Page 4 of 5 (1) To administer the activities of the Affordable Housing Advisory Comrnittee eOFflffiissioR in accordance with established policies of the Board of County Commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the Committee COlfllflissieR, the county administrator, the city manager, the Naples City Council and the Board of County Commissioners on the Growth Management Plan of each jurisdiction. (3) To attend all Committee 681f11f1issioR meetings. SECTION NINE. Review process. This Affordable Housing Advisorv Committee eOffiFflissieR shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in di vision 2 of this article. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 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 Ordinances 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 this OrElinance 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 take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of April, 2008. ATTEST: DWIGHT E. BROCK] Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: {Jwj ''ft (i~~!~L. Attest ISta Cb1l1l"C << eputy Clerk it lllli""'" I h Api ove' s leg By: latzkow nt County Attorney , This ordinance fiL-rl~ ~t ~Iory o:~~, ,Of~_fhf dayo~",~ and ocknow'lIdo-m'w" I '''If' flll of GOY Words Underlined are added; Words Stfllek Tllreugll are deleted, Page 5 of 5 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 2008-17 Which was adopted by the Board of County Commissioners on the 8th day of April, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board 6f County Commissioners ~ ~1,O~, By: Ann Jennejohrt, Deputy Clerk