2009-27021 ResoRESOLUTION NUMBER 2009-27021
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK. TO EXECUTE A STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY,
BETWEEN THE CITY AND MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, WHICH PROVIDES SHIP PROGRAM FUNDS, IN THE
AMOUNT OF $1,009,633, FROM FISCAL YEARS (FY) 2007/08 AND
2008/09, FOR FIRST-TIME HOMEBUYER ACTIVITIES, INCLUDING
HOME OWNERSHIP COUNSELING, DOWN-PAYMENT ASSISTANCE,
CLOSING COST ASSISTANCE, RELATED REHABILITATION, AND
RENTAL HOUSING DEVELOPMENT FOR INCOME ELIGIBLE
HOUSEHOLDS, IN ACCORDANCE WITH THE SHIP PROGRAM RULE
AND THE CITY'S LOCAL HOUSING ASSISTANCE PLAN.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable
Housing Act (the Act) on July 7, 1992, allocating a portion of new and existing documentary
stamp taxes on deeds to local governments to stimulate the production of housing through
the State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, the Act requires that in order to qualify for funding, local governments
develop a Local Housing Assistance Plan outlining how the funds will be used; and
WHEREAS, the City issued a Notice of Funding Availability (NOFA) on October 10,
2008, pursuant to the City's approved Local Housing Assistance Plan; and
WHEREAS, the only response to the NOFA was from the Miami Beach Community
Development Corporation (MBCDC), which was found to be qualified for said funding; and
WHEREAS, MBCDC will utilize the SHIP Funding Years 2007/2008 and 2008/09, in
the amount of $1,009,633, for homebuyer activities, including down payment and closing
cost assistance, home ownership counseling, related rehabilitation, and rental housing
development for the Villa Maria Project, located at 2800 Collins Avenue, or alternatively,
pending City approval, MBCDC may utilize the rental development funding for the
continued rehabilitation of Meridian Place, a 34-unit affordable rental housing development
project located at 530 Meridian Avenue; and
WHEREAS, at its meeting on November 19, 208; the Loan Review Committee
recommended that MBCDC be allocated SHIP Program funds from FY 2007/08 and FY
2008/09; and
WHEREAS, the Administration further requests that the Mayor and City Commission
approve and authorize the Mayor and City Clerk to execute a State Housing Initiatives
Partnership (SHIP) Program Agreement, in such form as approved by the Administration
and City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a State
Housing Initiatives Partnership (SHIP) Program Agreement, in a form acceptable to the
City Manager and City Attorney, between the City and MBCDC, which provides SHIP
Program funds, in the amount of $1,009,633, from FY 2007/08 and 2008/09, for first-time
homebuyer activities, including home ownership counseling, down payment assistance,
closing cost assistance, related rehabilitation, and rental housing development, for income
eligible households, in accordance with the SHIP Program Rule and the City's Local
Housing Assistance Plan.
Passed and adopted this 25th
day of Febraury , 2009.
M YOR
Matti Herrera Bower
ATTEST:
~' ~~~
CITY CLERK
Robert Parcher
T:\AGENDA\2009\February 25\Regular\SFIIP FY 2007-OS - RESO.doc
APPROVED AS TO
FORM ~ LANGUAGE
& FOR ~CECUTION
Z 19 Oq
COMMISSION ITEM SUMMARY
n.....,1....~....1 T:~le•
A resolution authorizing a SHIP Program Agreement with MBCDC to provide $1,009,633 SHIP FY 2007/08 and FY
2008/09 allocations pursuant to a Notice of Funding Availability to fund eligible affordable housing activities in
accordance with the SHIP Program Rule and the City's focal Housing Assistance Plan.
Key Intended Outcome Supportted•
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Customer Satisfaction Survey, affordable
housing was a concern for 82% of those surveyed.
r~~~~o•
Shall the City provide $1,009,633 in SHIP Program funds to assist income eligible households with down-payment
assistance, closing costs, related rehabilitation, home ownership counseling, and rental housing development for
income eligible households in accordance with the SHIP Program requirements?
Item Summa /Kecommenaatron:
On October 10, 2008, the City issued a SHIP Program Notice of Funding Availability (NOFA) in the amount of
$1,009,633, which represents two SHIP funding years' allocations combined. The SHIP FY 2007/2008 allocation in the
amount of $536,462 includes program income up to June 30, 2008, and excludes the allowable City administration
fees. The FY 2007/2008 funds must be committed by the City on or before the State deadline of June 30, 2009. The
SHIP FY 2008/2008 allocation in the amount of $473,171 excludes the City's administration fee and future program
income, which is undetermined at this time. Traditionally, program income is approximately $60,000 per year, and the
final amount will be added to the allocation.
Only one response was received to the NOFA. Miami Beach Community Development Corporation (MBCDC) was
responsive in proposing to utilize the SHIP funds as prescribed for first-time homebuyer activities, including down-
payment assistance, closing cost assistance, related rehabilitation, housing counseling, and rental housing
development for income-eligible households. The City's Loan Review Committee reviewed MBCDC's proposal and
unanimously recommended awarding a contract for the use of the SHIP funds to MBCDC.
Due to the widespread foreclosure circumstances, the SHIP agreementwill call for approximately 65% of the funding to
be dedicated to allowable activities as it relates to the purchase of foreclosed and abandoned properties.
The other 35% (which is the maximum percentage of rental housing assistance allowable by the State) will be
dedicated to continued rental housing development either in the Villa Maria project, or another City-approved affordable
housing project. A recent financing gap in the Villa Maria Project arose when the State Legislature withdrew $190
million from the State Housing Trust Fund, resulting in a decrease of $2 million which had previously been committed to
Villa Maria from the Florida Housing Finance Corporation. If the $2 million of State funding is ultimately reinstated to
the Villa Maria project, or otherwise filled by another source, then MBCDC may, pending City approval, utilize the rental
development funding for the continued rehabilitation of Meridian Place, a 34-unit affordable rental housing development
project located at 530 Meridian Avenue.
Advisory Board Recommendation:
On November 19, 2008 the Loan Review Committee recommended that MBCDC be allocated SHIP Program funds
from FY 2007/08 and 2008/09.
Financial Information:
Source of Amount Account Approved
Funds: 1 $536,462 (FY 07/08) 152 - 5717
2 $473,171 (FY 08/09) 152 - 5718
G
OBPI Total $1,009,633
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Anna Parekh
Sign-Offs: n
Department Director Assista ity anager City Manager
AP H
T:`IAZ;ENDA\2009Wanuary 28\Regular\SHIP FY 2007-08 - SUMM.dbc / \ / ~
AGEINQA ITEM ~~~
~,- 1~1I~~ BEA~H DATE 2-~r-~R
~~~~~'~ I ~~'~~ I A
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl,gav
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 25, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM AGREEMENT IN A FORM ACCEPTABLE TO THE CITY MANAGER
AND CITY ATTORNEY, BETWEEN THE CITY AND MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION, WHICH PROVIDES SHIP PROGRAM
FUNDS, IN THE AMOUNT OF $1,009,633 FROM FISCAL YEARS 2007/08 AND
2008/09, FOR FIRST-TIME HOMEBUYER ACTIVITIES, INCLUDING HOME
OWNERSHIP COUNSELING, DOWN-PAYMENT ASSISTANCE, CLOSING
COST ASSISTANCE, RELATED REHABILITATION, AND RENTAL HOUSING
DEVELOPMENT FOR INCOME ELIGIBLE HOUSEHOLDS, IN ACCORDANCE
WITH THE SHIP PROGRAM RULE AND THE CITY'S LOCAL HOUSING
ASSISTANCE PLAN
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida
Housing Finance Corporation, was established by the 1992 William E. Sadowski Affordable
Housing Act to stimulate the production of housing statewide. SHIP Program funds are
derived from documentary stamp levies on real estate transactions. Annually, the Florida
Housing Finance Corporation allocates SHIP Program funds among participating
jurisdictions on a formula basis. The City has participated in the SHIP Program since fiscal
year 1995/96. As required by the Florida Housing Finance Corporation, on April 14, 2004,
the City adopted a new Local Housing Assistance Plan, which serves as the guideline to
utilize SHIP Program funds.
For FY 2007/08 the City received $529,771 of SHIP Program funds plus $62,809.33 of
program income. For FY 2008/09 the City was allocated $525,768. An additional amount is
anticipated for program income but has not yet been received. Program income is defined
by the State as "the proceeds derived from interest earned on or investment of the local
housing distribution and other funds deposited into the local housing assistance trust fund,
proceeds from loan repayments, recycled funds, and all other income derived from use of
funds deposited in the local housing assistance trust fund." It is estimated to produce
approximately $60,000 annually.
According to SHIP Program regulations, ten percent (10%) of each fiscal year's allocation
may be retained by the City for its administration. Additionally, the City may retain five
percent (5%) of program income towards administrative costs. The total amount the City will
City Commission Memorandum
SHIP Program Funds for FY 2007-2009
February 25, 2009
Page 2 of 3
receive in administration funding will be approximately $56,117 from FY 2007/08, and
approximately $55,577 from FY 2008/09. The exact final amounts will depend on the final
program income figures for fiscal year 2008/2009. The sub-recipient/sponsor awarded
funding is allowed to keep as administrative fees 10% of the costs of rehabilitation projects it
undertakes, 1 /2 of 1 % of the cost of acquired units, and 2% of the overall contract award for
counseling services.
The combined available SHIP Program funding of $1,009,633 for fiscal years 2007/08 and
2008/09 was advertised in a Notice of Funding Availability (NOFA) on October 5 and
October 9, 2008 in the Miami Herald. The NOFA was also emailed to approximately
twenty-five Miami-Dade affordable housing organizations and developers. It was clarified
that applicants do not have to have offices in Miami Beach. The NOFA sought an
experienced housing providerwith a proven track record in administering affordable housing
funds. Responses to the NOFA were due on November 14, 2008. A pre-bid conference
was held on October 29, 2008. Six different entities were represented at the pre-bid
conference. The City received only one proposal, which was from the Miami Beach
Community Development Corporation (MBCDC).
Of the allowable uses of SHIP Program funds, The City of Miami Beach's current SHIP Local
Housing Assistance Plan (CHAP) which covers Fiscal Years 2007 - 2010 limits its strategies
to:
• Housing rehabilitation for first time home buyers or owner-occupied housing;
• New construction;
• Closing costs and down payment assistance for first-time homebuyers for purchase
of scattered sites;
• Rehabilitation of multi-family buildings for condominium conversion;
• Rental housing development (defined as rehab of units in vacant multi-unit
buildings);
• Acquisition/Rehabilitation for Workforce Housing (rental).
In accordance with the City's Local Housing Assistance Plan, the SHIP Program funds will
be used to provide rehabilitation, down payment assistance, closing cost assistance and
rental development.
Additionally, in light of the prevalent foreclosure problem plaguing the South Florida real
estate market, these activities will be also restricted to the purchase and rehabilitation of
foreclosed properties (as was required in the NOFA). Specifically, sixty-five (65%) of the
SHIP funds will be limited to activities related to foreclosed properties. MBCDC has recently
assisted eight (8) families utilizing previously allocated SHIP and CDBG funds to purchase
foreclosed homes.
The following strategies will be implemented to the fullest extent possible:
a. Reserve escrow accounts will be set up at closing to fund potential condo
special assessments.
b. In addition to customary condominium unit inspections, MBCDC will conduct
an inspection of the entire building to assess general conditions and
determine repair needs and possible future assessments.
c. Amore stringent income qualification process to ensure that approximately
30% of a household's income will be necessary to fund mortgage payments,
taxes, insurance, and condo/maintenance dues combined. Flexibility will be
City Commission Memorandum
SHIP Program Funds for FY 2007-2009
Febnrary 25, 2009
Page 3 of 3 '
provided when new homebuyers can show a history of paying a rent amount
on time which exceeded these percentages of income and where the new
homeownership costs (mortgage, taxes, etc.) do not exceed their prior rental
amount.
SHIP funds will serve approximately 18 households with annual earnings at or below three
percentiles of area median income: 50%, 80% and 120%.
The remaining thirty five (35%), or $353,371, will be dedicated to the continued rental
housing development of the Villa Maria project in order to partially close a $2 million
financing gap in the Villa Maria rental development budget. The financing gap was created
in early 2009 when the State withdrew from the Florida Housing Trust Fund an estimated
$190 million to cope with the state's budget shortage. The withdrawal of funds from the
Housing Trust Fund eliminated $2 million previously committed to the Villa Maria project by
the Florida Housing Finance Corporation's Special Housing Assistance Development
Program. MBCDC is actively working with the Florida Housing Finance Coalition to have the
funds reinstated. If the $2 million of State funding is ultimately reinstated or otherwise filled
by another source, then MBCDC may, pending City approval, utilize the rental development
funding for the continued rehabilitation of Meridian Place, a 34-unit affordable rental housing
development project located at 530 Meridian Place. This project has received prior City
funding, but currently has a funding gap.
On November 19, 2008, the Loan Review Committee recommended that MBCDC, the sole
respondent to the NOFA, be awarded available SHIP funds for FY 2007/08 and FY 2008/09.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, adopt a resolution authorizing the Mayor and City Clerk to execute a State
Housing Initiatives Partnership (SHIP) Program Agreement in a form acceptable to the City
Manager and City Attorney, between the City and Miami Beach Community Development
Corporation (MBCDC), which provides SHIP Program funds, in the amount of $1,009,633
from fiscal years 2007/08 and 2008/09, for first-time homebuyer activities, including home
ownership counseling, down-payment assistance, closing cost assistance, related
rehabilitation, and rental housing development for income-eligible households, in
accordance with the SHIP Program Rule and the City's Local Housing Assistance Plan.
T:WGENDA\2009\February 25\Regular\SHIP FY 2007-08 - MEMO.doc