Okaloosa County BOCC — March 18, 2013 — reading text

Tourist Development Director Okaloosa County Tourist Development Department 1540 Miracle Strip Parkway SE Fort Walton Beach, FL 32548 dobyrne@co.okaloosa.fl.us Packet Pg. 244  6.5.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 5, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Adoption of Affordable Housing Advisory Committee Resolution DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: It is necessary to adopt a resolution establishing an Affordable Housing Advisory Committee. BACKGROUND: In 2008, the Board of County Commissioners adopted Resolution 08-101 which established the Affordable Housing Advisory Committee in compliance with section 420.9076 of the Florida Statues as necessary to participate in the State Housing Initiatives Partnership (SHIP) program. At that time, staff was advised by the Florida Housing Finance Corporation (the agency that oversees SHIP) that the members' names had to be listed in the resolution. Since that time, some members of the AHAC have moved or are no longer able to serve, and so it is necessary to amend the resolution. Staff has discussed this matter with the Florida Housing Finance Corporation and has been advised, in writing, that it is not necessary to list the actual members' names in the resolution. Accordingly, the attached resolution lists the housing-related areas which by statute (see section 420.9076(2), attached) have to be represented on the committee, and provides that the BCC will appoint the actual members. This is consistent with how other board and committee members are appointed. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution establishing the Affordable Housing Advisory Committee. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 245  6.5.a.a Resolution No. 13-_____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF Attachment: 2013 AHAC Resolution (1441 : Adoption of Affordable Housing Advisory Committee Resolution) OKALOOSA COUNTY, FLORIDA, REPEALING RESOLUTION 08-101, APPOINTING AN AFFORDABLE HOUSING ADVISORY COMMITTEE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) PROGRAM; PROVIDING FOR DUTIES AND RESPONSIBILITIES; PROVIDING FOR DURATION OF MEMBERSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act (Act) also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development and of affordable housing through the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government must appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan, and WHEREAS, pursuant to section 420.9076(2), the AHAC must be established by resolution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, THAT: SECTION 1: Repeal of Resolution 08-101. Resolution 08-101 which established the previous Affordable Housing Advisory Committee is hereby repealed. SECTION 2. Affordable Housing Advisory Committee Established. There is hereby established the Okaloosa County Affordable Housing Advisory Committee. SECTION 3. Membership The Board of County Commissioners shall appoint representatives from the following areas of interest to the Okaloosa County Affordable Housing Advisory Committee (AHAC) for the State Housing Initiatives Partnership Program pursuant to Section 420.9076, Florida Statutes: Residential Home Builder Mortgage Banker Representative of Labor Engaged in Home Building Advocate for Low Income Persons For-Profit Affordable Housing Provider Non-Profit Housing Provider Real Estate Professional Local Citizen Represents Employers Represents Essential Service Personnel Packet Pg. 246  6.5.a.a Local Planning Agency Member SECTION 4: Duties and Responsibilities The AHAC shall have the duties and responsibilities as provided in section 420.9076, Florida Statutes. Attachment: 2013 AHAC Resolution (1441 : Adoption of Affordable Housing Advisory Committee Resolution) SECTION 5: Term of Office The term of office will be for four years. Terms may be extended for an additional number of years by a vote of the majority of the committee. Vacancies shall be filled by the Board of County Commissioners SECTION 6: Effective Date This resolution shall take effect immediately upon adoption by the Board of County Commissioners. PASSED AND DULY ADOPTED this ____day of ___________, 2013 by: _________________________________________ Don R. Amunds, Chairman ATTEST: ________________________________________ Don Howard Clerk of the Circuit Court Packet Pg. 247  6.5.a.b 420.9076 Adoption of affordable housing incentive strategies; committees.-- Attachment: 420-9076 Affordable Housing Advisory Committee (1441 : Adoption of Affordable Housing Advisory Committee Resolution) (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution appointing the advisory committee members must provide for 11 committee members and their terms. The committee must include: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representatives if they are unable to find representatives 1who meet the criteria of paragraphs (a)-(k). Packet Pg. 248  6.5.a.b (3) All meetings of the advisory committee are public meetings, and all committee records are Attachment: 420-9076 Affordable Housing Advisory Committee (1441 : Adoption of Affordable Housing Advisory Committee Resolution) public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low- income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including