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Ordinance 91-065 ORDINANCE NO. 91--65. AN ORDINANCE CREATING THE AFFORDABLE HOUSING ~ ~ .~ ~-- COMMISSION; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFIC~ ~ ~1~ PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO~ ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUOR~, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMEN"f OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMISSION; SETTING FORTH THE DUTIES OF THE HOUSING AND URBAN IMPROVEMENT DIRECTOR AND THE NAPLES COI(MUNITY DEVELOPMENT DIRECTOR OR THEIR DESIGNEES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on April 4, 1989 adopted Resolution No. 89-87 creating an Affordable Housing Task Force as an ad-hoc committee for a period not to exceed one (1) year; and WHEREAS, the final report of the Affordable Housing Task Force recommends the creation of an Affordable Housing Commission as a permanent advisory board; and WHEREAS, Collier County Ordinance No. 86-41 sets forth the requirements for creating County advisory boards; and WHEREAS, both the County Commission and the Naples City Council recognize that affordable housing is a county-wide issue and that City-County coordination is advantageous to the citizens of Collier County as a whole; and WHEREAS, it is the desire of the Board of County Commissioners to create an Affordable Mousing Commission with a portion of the membership appointed by the Naples City Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,. that: ~ Creation of the Affordable Housin~ Commi~sion. The Affordable Housing Commission (hereinafter referred to as the "Commission") is hereby created. SECTION TWO. ADDointment and Composition. A. The Commission shall be composed of nine (9) members of which the Board of County commissioners shall appoint five (5) members and the Ngples City Council shall appoint four (4) ~embers. The Commission shall be. comprised of members from the County-at-large, the City of Naples-at-large, the development community, affordable housing providers, financial institutions, j. the legal profession and realtors. ~p~, B. Members of the Commission appointed by the Board of ~. County Commissioners shall serve at the pleasure of the Board of L'~,~ County Commissioners and members appointed by the Naples City Council shall Serve at the p~easure of the Naples City council. Said members shall be permanent residents and electors of Collier C. Appointment of members to the Commission 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 the term of office. ~ SECTION THREE. Terms of Office. ': The initial terms of office of the Commission members shall be as follows: ., A. The Board of County Commissioners shall appoint: :~' 1) 'Two (2) members to serve for one (1) year. 2) One (1) member to serve for two (2) years. 3) Two (2) members to serve for three (3) years. B. The Naples City Council shall appoint: ~'~ 1) One (1) member to serve for one (1) year. :~":'~ ' 2) TWO (2) members'to serve for two (2) years. 3) One (1) member to serve for three (3) years. Thereafter, each appointment or re-appointment shall be for a ".:' term of three (3) years. A member of the Commission may be re-appointed by the Board of County Commissioners or the Naples. City Council, as applicable, for one (1) successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Commission shall be for the remainder of the unexpired term of SECTION FOUR. Removal From Office: Failure t~Attend Meetin~, A.. Any member of the Commission may be removed from office, w~th oT without cause, by a majority vote of the Governing Body appointing said member. B. If any member of the Commission fails to attend two (2) consecutive Commission meetings without a satisfactory excuse or if a member is absent from more than one-half of the Commission's meetings in a given fiscal year, the Commission 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. ~ Officers: Ouorum: Rules of Procedure. A. Annually the membership of the Commission shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year with eligibility for re-election. B. The presence of five (5) or more members shall constitute a quorum of the Commission necessary to take action and transact business. In addition, an affirmative vote of five (5) or more members shall be necessary in order to take official action, regardless of whether five (5) or more members of the Commission are present at the meeting. C. The Commission 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 Commission minutes, .resolutions, reports, and exhibits shall be submitted to the Board of 'County Commissioners and the Naples City Council. D. All Commission meetings shall be open to the public. ~ Reimbursement of Expenses, Members of the Commission 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 of the Commission. The functions, powers and duties of the Commission shall 'be 3 37 as follows: ~; A. The Commission shall monitor the implementation of the Affordable Housing Task Force~s recommendations, and the ;:.. goals, objectives, and policies of the Housing Elements of '"' the County's Growth Management Plan and the City's ~'~.. Comprehensive Plan. ~<.'. B. The commission shall investigate the feasibility 'of tax .., increment financing for infrastructure for site development · of affordable housing for low income households. '~ C. The Commis~/on shall develop means or 'mechanisms to ~ ' encourage a voluntary program in which realtors, and others deposits ,i:>~, holding such as escrow accounts of earnest money ~,'i', deposits or security for rentals would deposit these in a · selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance >! . for the month. "i!'ii~,~. D. The Commission shall investigate a plan for any ~?.i.:~' linkage and ~nclusionary zoning recommendations. ~i/i , E. The Commission 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. ~' '' F. The Commission shall investigate any other relevant areas so directed by the Board of County Commissioners. SECTION EIGHT. Duties of the Housino and Urban ImProvement Director and the NaPles Community Develooment Director or Their Desionee. The duties of the Housing and Urban Improvement Director and the Naples Community Development Director, or their Designees, A. To administer the activities of the Commission in accordance with established p61icies of the Board of County Commissioners and the Naples City Council .and guid~lines adopted by the Board and the Council. 4 B. To provide periodic written reports to the Commission, the County Manager, the City 'Manager, the Naples City Council ~i!!~, and the Board of County Commissioners on the Growth ~ Management Plan of each Jurisdiction. ,~:.. C. To attend all Commission meetings. SECTION NINE. Review Process. This Comm{ssion shall be reviewed once every four (4i years commencing in 1995, in accordance with the procedures contained in ...~"', ' Collier County Ordinance No. 86-41. /~i.' ~ Conflict and Severabilitv. ?~ 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 Ordinance is held invalid or unconstitutional by any court of ! compe, tent 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 ELEVEN. Effective ~'. This Ordinance shall become effective upon receipt of notice -; from the Secretary of State that this Ordinance has been filed .~. . with the Secretary of State. ..... .. .. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ay of , , ATTEST: , .' ',' BOARD OF COUNTY COMMISSIONERS · _, :'JAMES C." GILES, CLERK COLLIER COUNTY, FLORIDA ~. -. :. . · , ·. · r,;~ ~.,.~, %',.~',~ CHAIRMAN ' ' Approved as to form and legal 'sufficiency: T~I~ orcllnar~e flied with the ~,~'~ ~ ~ ~r.~a rY of,~te's. Office ~"':.' _and acknon~'c!g,,/r{~ of/)thot /;' ' ' flll?.~ received thlsoL~:~.~ 39 STATE OF FLORIDA COUNTY OF coLLIER I, JAME~ C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ,. Ordinance No, 91-65 which was adopted by the Board of County Commissioners on ..,..: the 23rd day of July 1991, during Regular Session ;~ WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2/th ' .day of July, 1991. .., JAMES C. GILES . .. Clerk of Courts and Ex-o~f~¢lo to Board of P Y ..¢..',,...' ~..'