95-21853 Reso
. .
RESOLUTION NO.
95-21853
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPOINTING NINE MEMBERS TO THE CITY'S AFFORDABLE
HOUSING ADVISORY COMMITTEE (SHIP COMMITTEE) WHICH WAS CREATED BY
CITY OF MIAMI BEACH ORDINANCE NO. 95-2989 AND RESOLUTION NO. 95-21567
ON APRIL 12, 1995.
WHEREAS, On April 12, 1995, the Mayor and City Commission adopted Ordinance No. 95-2989 and
Resolution No. 95-21567, which, among other things, created an Affordable Housing Advisory Committee,
whose main function is to produce a recommended "Affordable Housing Incentives Plan" for consideration by
the City Commission, within twelve (12) months of passage of the Ordinance; and
WHEREAS, in order for the State Housing Finance Committee to approve the City's State Housing
Initiatives Partnership (SHIP) program grant application and release grant funds, the nine (9) members of the
Affordable Housing Committee must be adopted by Resolution; and
WHEREAS, since this Committee will have a clearly defined role that will be accomplished within twelve
(12) months, the Committee shall cease to exist at the end of one year from the date of establishment; and
WHEREAS, the categories for membership on the Affordable Housing Advisory Committee as established
by State Statute and City Ordinance 95-2989 are as follows:
(1) One citizen who Is actively engaged in the residential building industry;
(2) One citizen who Is actively engaged in the banking or mortgage industry;
(3) One citizen who Is a representative of those areas of labor engaged in home building;
(4) One citizen who Is designated as an advocate for low-income persons;
(5) One citizen who Is a provider of affordable housing;
(6) One citizen who Is a real estate professional;
(7-9) Three citizens-at-Iarge as appointed by the City Commission.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the following appointments are made to the Affordable Housing Advisory
Committee:
(1) Robert Saland (Affordable Landmarks)
(2) Michael Lehn (SunTrust)
(3) Gary Waters (Society of Operating Engineers)
(4) Victor Diaz (UNlOAD)
(5) Tom Calderon (Miami Beach Housing Authority)
(6) Doris Myers (Quantum Properties)
(7) Denis Russ (Miami Beach Development Corp.)
(8) Farouk Gongee (Wimbish Realty)
(9) M. Ronald Gould (Attorney at Law)
FORM APPROVED
LEGAL DEP .
Passed and adopted this 20th day of December, 1995.
Attest:
-F · WA..\- ~ fAA,~
City Clerk
By
Date 12f/~~
, ,
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
December 20, 1995
FROM:
Jose Garcia_pedro,:!!
City Manager
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPOINTING NINE MEMBERS TO THE CITY'S AFFORDABLE
HOUSING ADVISORY COMMITTEE (SHIP COMMITTEE) WHICH WAS CREATED BY CITY
OF MIAMI BEACH ORDINANCE NO. 95-2989 AND RESOLUTION NO. 95-21567 ON
APRIL 12,1995.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
That the Mayor and City Commission approve the attached Resolution appointing nine members to the City's
SHIP-required "Affordable Housing Advisory Committee" (SHIP Committee), a one-year "sunset" committee
which was created by City of Miami Beach Ordinance No. 95-2989, adopted on April 12, 1995.
BACKGROUND:
In order to apply for State Housing Incentive Partnership (SHIP) Grant funds in the amount of $336,366, the
Mayor and City Commission adopted Ordinance No. 95-2989 on April 12, 1995 which, among other things,
created the Affordable Housing Advisory Committee. The main function of this Committee is to produce a
recommended "Affordable Housing Incentives Plan" for consideration by the City, within twelve (12) months
of passage of the Ordinance. After adoption of the Ordinance, the Administration submitted the application for
funds to the Florida Housing Finance Committee (FHFC) within the State Department of Community Affairs.
The State has now indicated that the only unresolved action by the City is to appoint the actual members to the
SHIP Committee. Therefore, in order for the City to access State funds, the Commission must now appoint the
nine (9) members and convene the Committee, so that a draft "Incentive Plan" can be developed by April of
1996.
Once the Committee is appointed and the Resolution sent to the State, funds will be released for administration
of the Program. Meetings of the Committee will be public meetings where citizen input and involvement will
be the key to the development of the Incentive Plan. Since this Committee will have a clearly defined role that
will be accomplished by April 1996, the Committee shall cease to exist at that time.
The findings of the Committee will culminate in a draft "Affordable Housing Incentives Plan" which will be
presented to the City Commission for review and approval.
The SHIP Committee will be known as "Affordable Housing Advisory Committee" for State regulatory purposes.
Membership categories are established by State Law, and are as follows:
(1) One citizen who is actively engaged in the residential building industry
(2) One citizen who is actively engaged in the banking or mortgage industry
(3) One citizen who is a representative of those areas of labor engaged in home building
(4) One citizen who is designated as an advocate for low-income persons
AGENDA ITEM_R, D
DATE 1'2.-?O-~
COMMISSION MEMORANDUM
DECEMBER 20, 1995
page 2
(5) One citizen who is a provider of affordable housing
(6) One citizen who is a real estate professional
(1-9) Three citizens-at-Iarge as appointed by the City Commission
The Administration had hoped that the State would permit the City to allow the newly expanded Loan Review
Committee (LRC) to serve as the SHIP Committee; however, the State will not permit any deviation from the
nine categories as listed above. Further, the City Attorney's Office has opined that individuals may not
concurrently serve on more that one board or committee, precluding LRC members from serving on this new
committee.
The LRC will continue to review all NOFA's or applications for grant assistance for the SHIP Program and will
make recommendations to the Mayor and City Commission for award of SHIP Program Funds. This
Committee was recently expanded to nine (9) members, which includes citizen representatives from north,
middle and south beach. In this manner, a system of checks and balances is incorporated into the process.
ANALYSIS
The SHIP Committee must make recommendations, pursuant to the State Statutes, in the following areas:
*
The definition of affordable housing.
*
Processing of permits issued by the City of Miami Beach for affordable housing projects. Provisions
for prioritizing affordable housing projects must be identified.
*
Impact-fee requirements, including possible reduction or waiver of fees and alternative methods of fee
payment.
*
Density levels.
Infrastructure capacity.
*
*
Transfer of development rights as a financing mechanism.
*
Review of parking and setback requirements.
*
Consideration of zero lot-line configurations.
*
Street requirements.
*
Establishment of a process by which the City considers, before adoption, the impact of proposed
policies, procedures, ordinances, regulations, or plan provisions have upon the cost of housing.
*
Preparation of a printed inventory of locally-owned lands suitable for housing.
*
Other affordable housing incentives identified by the committee.
The Committee's recommendations must quantify the "affordable housing cost reduction. anticipated from
implementing such recommendations, to the extent feasible.
COMMISSION MEMORANDUM
DECEMBER 20,1995
page 3
Notwithstanding the Committee's recommendations, the following specific incentives, at a minimum, must be
adopted by the Mayor and City Commission by May 1996:
.
A schedule for implementation of expedited permit processing for affordable housing projects, and
*
A process for review of City policies, ordinances, regulations, and incentive plan provisions that
significantly impact the cost of housing prior to their adoption.
The Administration recommends the following individuals for membership on the SHIP Committee:
(1) Robert Saland (Affordable Landmarks) - who is actively engaged in the residential building;
(2) Michael Lehn (SunTrust) - who is actively engaged in the banking or mortgage industry;
(3) Gary Waters (Society of Operating Engineers) - a representative of those areas of labor engaged in
home building;
(4) Victor Diaz (UNIDAD) - an advocate for low-income persons;
(5) Tom Calderon (Executive Director, MBHA) - a provider of affordable housing;
(6) Doris Myers (Quantum Properties) - a real estate professional;
(7-9) For the three slots available for citizens-at-Iarge, the Administration recommends that, consistent with
the City Commission's direction to expand the Loan Review Committee to include a representative from
each of Miami Beach's three geographical areas, and using input from the residents of those areas,
the SHIP Committee should be made up as follows:
Denis Russ (Miami Beach Development Corp.) - nominated by Miami Beach Development Corp.
Farouk Gongee (Wimbish Realty) - nominated by North Beach Development Corp.
M. Ronald Gould (Attorney at Law) - nominated by Middle Beach Partnership
The following candidates were considered for these positions, but their participation in another City Board or
Committee made them ineligible: Elaine Weisburd (Middle Beach Partnership), Jay Miller (Steiner &
Associates), Charles Burkett (The Burkett Companies), Warren Stamm (Middle Beach Community
Association), Komal J. Bhojwani (Feldman Gale & Weber, PA.)
Ronnie Singer (North Beach Development Corp.) was also nominated but declined the nomination in favor of
Charles Burkett (The Burkett Companies), who is precluded from participating because of his involvement with
the Nuisance Abatement Board.
The following submitted an application to the City Clerk's office: Beatrice Gambach (Gambach Sklar
Architects).
Denis Russ (Mami Beach Development Corp.) has indicated that Miami Beach Development Corp., which he
presides, wishes to be considered for funding under the City of Miami Beach's SHIP program. A legal opinion
has been requested from the Legal Department regarding potential conflicts of interest. Therefore, Mr. RusS'
appointment to the SHIP Committee is contingent upon a ruling by the Legal Department that no conflict of
interest exists for Mr. Russ. If such a ruling is not issued, Mr. Russ' designee will be appointed to the SHIP
Committee, so long as said designee is not in a conflict-of-interest situation, as determined by the City's Legal
Department.
COMMISSION MEMORANDUM
DECEMBER 20, 1995
page 4
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the attached Resolution which
appoints the nine (9) members of the City's SHIP Committee.
JGPIHSMlSTPllrg
CITY OF MIAMI BEACH
MEMORANDUM
DATE:
December 1, 1995
TO:
Murray Dubbin, City Attorney
VIA:
Jose Garcia-Pedrosa, City Manager 0
s.,-;;: llf\-r~~
Harry S. Mavrogenes, Assistant C' Ma ger ~IJ
VIA:
FROM:
. Shirley Taylor-Prakelt, Director
Housing & Community Develop
SUBJECT: Request for a Legal Opinion - Participation of an MBDC representative
on the Affordable Housing Advisory Committee for the SHIP Program
Question:
Whether a Conflict of Interest exists if Denis Russ, President of MBDC, participates
as a member of the Affordable Housing Advisory Committee for the City's SHIP
Program, if MBDC intends to apply for funding under a NOFA for the SHIP Program.
The following are the pertinent facts:
*
Denis Russ is the President of the Miami Beach Development Corporation (MBDC).
MBDC is the City's designated Community Housing Development Organization
(CHDO) who receives an annual set-aside of the City's federal HOME Program
funds for affordable housing. In addition, MBDC is a CDBG sub-recipient Agency
who administers, among others, a commercial revitalization/facade renovation
program and a home-ownership program within the City of Miami Beach.
*
The City was recently awarded funds under the "State Housing Incentive
Partnership Program", and will disburse the funds via a NOFA to eligible not-for-
profit and for-profit developers.
*
The City's Affordable Housing Advisory Committee is a one-year "sunset" committee
which was created by City of Miami Beach Ordinance No. 95-2989, adopted on
April 12, 1995. Its main function is to produce an Affordable Housing Incentives
Plan for consideration by the City Commission by April 1996. In the Plan, the
Committee must make recommendations, pursuant to the State Statutes, in the
following areas:
*
The definition of affordable housing.
Processing of permits issued by the City for affordable housing projects.
*
Request for Legal Opinion Memo
December 1, 1995
Page 2
*
*
*
*
*
Impact-fee requirements, including possible reduction or waiver of fees and
alternative methods of fee payment.
Density levels.
Infrastructure capacity.
Transfer of development rights as a financing mechanism.
Review of parking and setback requirements.
Consideration of zero lot-line configurations.
. Street requirements.
Establishment of a process by which the City considers, before adoption, the
impact of proposed policies, procedures, ordinances, regulations, or plan
provisions have upon the cost of housing.
Preparation of a printed inventory of locally-owned lands suitable for housing.
Other affordable housing incentives identified by the committee.
*
*
*
*
*
*
*
*
*
The Committee's recommendations must quantify the "affordable housing cost
reduction" anticipated from implementing such recommendations, to the extent
feasible.
The Plan will be presented to the City Commission for review and approval and will
serve as the basis for the preparation of a Notice of Funding Availability (NOFA) for
the SHIP Program in future years.
The City's Loan Review Committee (LRC) will review all NOFA's or applications for
grant assistance for the SHIP FY 1994/1995 Program and will make
recommendations to the Mayor and City Commission for award of SHIP Program
Funds.
In his position as President of MBDC, Denis Russ is in a decision-making position
with regards to MBDC's application for funds under the SHIP program.
Mr. Russ has advised the City that his agency may apply for State SHIP Program funds.
I look forward to receiving your ruling in this matter. Thank you in advance for your
cooperation and assistance.
cc: Harry S. Mavrogenes, Assistant City Manager
Denis Russ, President, Miami Beach Development Corporation
Jean Olin, First Assistant Attorney
SHIP Program File
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
November 13, 1996
Ms. Tracy D. Suber, SHIP Administrator
State Housing Initiatives Partnership (SHIP) Program
Florida Housing Finance Agency
227 N. Bronough Street, Suite 5000
Tallahassee, FL 32301-1329
Re: FLORIDA HOUSING FINANCE AGENCY
SHIP PROGRAM ANNUAL REPORT
FISCAL YEAR 1995 -1996
Dear Ms. Suber:
The City of Miami Beach hereby submits the SHIP Program Annual Report for Fiscal Year
1995 _ 1996. This report covers the period from July 1,1995 through June 30,1996 (as
of September 30, 1996).
If additional information is required, please feel free to call Miguell Del Campillo, Housing
Coordinator, at (305) 673-7260.
Jose Garcia-Pedrosa
City Manager
JGP/mdc
Attachments
cc: Harry S. Mavrogenes, Assistant City Manager
Miguell Del Campillo, Housing Coordinator
MDC\SHIP95.LET
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SHIP AR/94-1
*INCOME
CATEGORY "Completed PeDdiDE Total
Very Low-Income 0 3 0 30%
Low-Income 0 3 0 30%
Moderate-Income 0 4 0 40%
Total I 01 1011 01 100%
- Section 420.9075(4)(d), Florida Statutes requires that at least 30% of the units must be occupied by very low-income
lpersons and an additional 30% by low-income persons.
.. These fijtures must correspond with the total number of units reported on F onn I, Column B.
# of tI nits
SHIP FUNDS % OF DlSTRlBUTION
!- HOME OWNERSHIP $304 507.63 90.53%
--CONSTRUCTION/---REHABILITATION $304,507.63 90.53%
- Section 420.9075(4Xa), Florida Statutes, requires at least 65 percent of SHIP funds be reserved for home ownership
lassistance.
.. Section 420.9075(4)(b), Florida Statutes, requires at least 75 percent of SHIP funds be used for construction activities.
---See 91-37.002(31) for definition of "Rehabilitation".
COMPL~CECATEGORY
o/c
o/c
o/c
olc
100%
i Source of Funds for Amount of Funds Percentage
I l'nits pJ"Oduced through Sept. 30 E\('clutcd to Datc of Total Value
C
Recap of Fundi'!K~~ur~t!~f()r Units Produced
TABLE 2:
HOME 1$0.00
$0.00
$0.00
$0.00
HOPE 1,2, and 3 $0.00
Florida Fix $0.00
M~ .00
Other S $0.00
Total Public Mone s Used 0.00
-Insert this figure in Table 2, Column B, below for "Public Moneys Used",
Public Monevs Used With SHIP Pro.
TABLE 1:
. SUMMARY OF TOTAL FINANCING
Section 420.9075(8Xg), F.S.
Provide information only on units for which Program fUnds have been expended.
FLORIDA HOUSING FINANCE AGENCY
SHIP PROGRAM ANNUAL REPORT
Annual Report/or State Fiscal Year 1995 - 1996
NAME OF LOCAL ENTITY: CITY OF MIAMI BEACH
Mgimt;ng of lite olJocal;on period through June 30,
rwenty.jow mon/Ju following lhe end of the Slale fiscal year.
Ltrl prodMction .trrllegiu I" same order on 01/ Forms from ,he
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SHIP AR/94-1
7. Have all activities been completed and funds expended for the applicable
State Fiscal Year? NO. If not, SHIP funds not expended for the
applicable fiscal year must be reported annually until all activities are
completed and all funds expended.
6. Are SIDP activities and expenditure of funds in compliance with the local
government's Local Housing Assistance Plan?_YES. If no, provide explanation.
4. Attach copies of any and all advertisements of availability of SIDP funds for the
applicable SIllP program year. Indicate the date and paper or publication in
wOlch the advertisement appeared.
SIDP NOFA announcement appeared in English in the Miami Herald,
Neighbors Section, on October ]7,1996. (Copy Attached)
SIDP NOFA announcement appeared in Spanish in the Art Deco Tropical
on October 17, 1996. (Copy Attached)
5. Describe how the Annual Report was made available for public inspection and
comments. Attach copies of all comments that were received concerning the
effectiveness of the local government program.
Section 420.9075(9)(10), F.S.
SHIP Annual Report announcement appeared in English in the Miami Herald,
Neighbors Section, on October 31, 199fi. (Copy Attacned)
SIDP Annual Report announcement appeared in Spanish in the Art Deco
Tropical on October 31, 1996. (Copy Attached)
Procedures to implement the Incentives adopted by the City's Affordable Housing Incentive Plan
are being developed in conjunction with the appropriate departments.
3. Attach such other data or affordable housin~ accomplishments considered
significant by the reporting county or eligible muniCipality.
Section 420.9075(8)(h), F.S.
Procedures to implement the Incentives adopted by the City's Affordable Housing Incentive Plan
are being developed in conjunction with the appropriate departments.
2. Attach a concise description of the support services that are available to the
residents of affordable nousing.
Section 420.9075(8)(f), F.S.
Procedures to implement the Incentives adopted by the City's Affordable Housing Incentive Plan
are being developed in conjunction with the appropriate departments.
1. Describe below the incentives indicated in the Affordable Housing Incentive Plan
which were implemented during the State fiscal year. Include copies of the
enabling ordinance(s) and describe the resulti~ reduction in housing costs.
Please do not attach a copy of the Affordable ffousing Incentive Plan.
Section 420.9075(8)(e), F.S.
FLORIDA HOUSING FINANCE AGENCY
SIDP PROGRAM ANNUAL REPORT
Annual Report/or State Fiscal Year 1995 - 1996
NAME OF LOCAL ENTITY: CITY OF MIAMI BEACH
CERTIFICA TJON
On behalf of City of Miami Beach I I hereby certify that the information presented
(NAME OF lOCAL GOVERNMENT)
herein is true and accurate as of the date of submission.
#ff:
~#-Lt
Witness
DateJl/1i'
Date#
Jose Garcia-Pedrosa
City Manager
(Type) Name and Title
Date
~ or
o~} -r~
Attest (Seall)
Date~,t
21.
"... ..-.-
.. ...
:.:..:....:..::..:.:.~.:.:.:.::-...
. .
GENERAL INFORMATION
Name of Person to call regarding the Annual Report Form: Miguell Del Campi1lo
Telephone Number: (~~ 673-7260
..
SHIP AR/94-1